LAWS(SC)-1980-3-7

PREMJIT KAUR Vs. HARSINDER SINGH

Decided On March 17, 1980
Premjit Kaur Appellant
V/S
Harsinder Singh Respondents

JUDGEMENT

(1.) Special leave granted.

(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 S. 191 and 192, Indian Penal Code, are not mentioned in S. 195 (1) (b) (i) , criminal Procedure Code, sanction for prosecution could not be issued. Obviously, S. 191 and 192, Indian Penal Code, are the S. which define offences for which punishment is provided for in S. 193 and S. 195 is admittedly mentioned in S. 195 (1) (b) (i) , Criminal Procedure Code. The view of the High court being clearly erroneous we feel that the judgment of 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.