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march 1962

Supreme Court of India · 1962-03-28

R. R. CHARI vs STATE OF U.P

Citation / case number
SC 1958/152
Court
Supreme Court of India
Petitioner
R. R. CHARI
Respondent
STATE OF U.P
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the Sessions Judge had jurisdiction to try the appellant, as the Criminal Law Amendment Act, 1952, did not apply retroactively to cases already committed to the Sessions Court. The Court clarified that while Section 7 of the Act mandates that offenses under Sections 161 and 165 IPC be tried by a Special Judge, this provision was prospective and did not affect pending cases. Additionally, the sanction granted by the Central Government was valid under Section 197 of the Code of Criminal Procedure but not under Section 6 of the Prevention of Corruption Act, as the appellant was permanently employed by the Assam Government at the time of the alleged offenses.

R. R. CHARI vs STATE OF U.P · Niyam