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SUPREME COURT OF INDIA
BEFORE V.D. TULZAPURKAR AND O. CHINNAPPA REDDY, JJ.
PREMJIT KAUR
Versus
HARSINDER SINGH
Criminal Appeal No. 204 of 1980
Decided on 17-3-1980
Indian Penal Code, 1860 - Sections 191, 192 and 193 - Criminal Procedure Code, 1973 - Section 195(1)(b)(i) - View of High Court being Clearly Erroneous - Court have heard counsel on both sides and Court is satisfied that view of High Court is clearly erroneous that simply because Sections 191 and 192, Indian Penal Code, are not mentioned in Section 195(1)(b)(i), Criminal Procedure Code, sanction for prosecution could not be issued - Obviously Section 191 and 192,. Indian Penal Code, are sections which define offences for which punishment is provided for in Section 193 and Section 193 is admittedly mentioned in Section 195(1)(b)(i), Criminal Procedure Code - View of High Court being clearly erroneous Court feel that judgment High Court be quashed – Court accordingly quash same – Court would however, like to observe that it will be open to respondent to raise whatever defence he wants to raise in prosecution that may be launched against him.
JUDGMENT
Tulzapurkar, J. —
2. We have heard counsel on both sides and we are satisfied that the view of the High Court is clearly erroneous that simply because Sections 191 and 192, Indian Penal Code, are not mentioned in Section 195(1)(b)(i), Criminal Procedure Code, sanction for prosecution could not be issued. Obviously Section 191 and 192,. Indian Penal Code, are the sections which define offences for which punishment is provided for in Section 193 and Section 193 is admittedly mentioned in Section 195(1)(b)(i), Criminal Procedure Code. The view of the High Court being clearly erroneous we feel that the judgment the High Court be quashed. We accordingly quash the same. We would however, like to observe that it will be open to the respondent to raise whatever defence he wants to raise in the prosecution that may be launched against him.
For Citation : (1982)2 SCC 167
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