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february 1987

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.

STATE OF KARNATAKA vs KUPPUSWAMY GOWNDER · Niyam