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april 1959

Supreme Court of India · 1959-04-23

DIN DAYAL SHARMA vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 1957/60101
Court
Supreme Court of India
Petitioner
DIN DAYAL SHARMA
Respondent
THE STATE OF UTTAR PRADESH
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that the Assistant Sessions Judge had jurisdiction to try the appellant under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code, despite the trial occurring after the Criminal Law (Amendment) Act, 1952 came into force. The Court clarified that Section 10 of the 1952 Act only transferred cases pending before Magistrates to Special Judges, not those already committed to the Court of Session. Furthermore, the conviction was upheld as the appellant could not raise the objection regarding the investigation's validity at a later stage, having failed to do so earlier in the proceedings.

DIN DAYAL SHARMA vs THE STATE OF UTTAR PRADESH · Niyam