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.