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Supreme Court of India 2017-01-10 allowed

Saloni Arora vs State of NCT of Delhi

Bench: 2 — Abhay Manohar Sapre

In Brief

Saloni Arora was prosecuted under Section 182 IPC without following the mandatory written complaint procedure required by Section 195 of the Code of Criminal Procedure. The Supreme Court held that prosecution for offences under Section 182 IPC must strictly comply with Section 195's procedure; failure to do so renders the prosecution void ab initio and without jurisdiction. The Court relied on Daulat Ram v. State of Punjab, emphasizing that a formal written complaint from the public servant concerned is essential, not merely a police charge-sheet. The appeals were allowed and the High Court's orders were set aside.

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Criminal Procedure Criminal Law Procedural Requirements Prosecution

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