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Supreme Court of India 2020-02-26 remanded

State of Punjab vs Jasbir Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal concerning fraudulent transfers of property, the Court examined the procedure for prosecuting offences under the Indian Penal Code when complaints are made by revenue courts under Section 195 of the CrPC. The Court held that while revenue courts may make complaints regarding offences relating to their proceedings, they are not unconditionally bound to do so—the court must first find it "expedient in the interests of justice" and may conduct a preliminary inquiry. The Court deemed the matter sufficiently significant to remit it to a larger bench for clarification on whether a preliminary inquiry and hearing for the accused-to-be are mandatory before complaint filing.

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Criminal Procedure Jurisdiction of Courts Complaints and Investigations Preliminary Inquiry Judicial Discretion

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