Supreme Court of India · 1987-02-16
STATE OF KARNATAKA vs KUPPUSWAMY GOWNDER
- Citation / case number
- SC 1981/63790
- Court
- Supreme Court of India
- Petitioner
- STATE OF KARNATAKA
- Respondent
- KUPPUSWAMY GOWNDER
- Author
- G.L. OZA
- Bench
- G.L. OZA
Judgment text excerpt
The Supreme Court held that the Karnataka High Court's judgment setting aside the conviction of the respondents was unsustainable as there was no inherent lack of jurisdiction by the Sessions Judge under Section 462 and Section 465 of the Code of Criminal Procedure. The Court emphasized that an order of sentence cannot be set aside on grounds of territorial jurisdiction or procedural irregularity unless prejudice is pleaded and proved, which was not established in this case. Consequently, the Supreme Court reinstated the order of the Sessions Judge and quashed the High Court's decision.