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january 2017

Supreme Court of India · 2017-01-10

Saloni Arora vs State Of Nct Of Delhi

Citation / case number
AIR 2017 SC 391
Court
Supreme Court of India
Petitioner
Saloni Arora
Respondent
State Of Nct Of Delhi
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, A.K. Sikri

Judgment text excerpt

The Supreme Court held that prosecution under Section 182 IPC requires adherence to the procedure outlined in Section 195 of the Code of Criminal Procedure, 1973. The Court found that the High Court's order allowing prosecution without following this mandatory procedure was legally unsustainable. Consequently, the Supreme Court set aside the impugned orders and allowed the appeals, reinforcing the principle that any prosecution under Section 182 IPC is void ab initio if the procedure under Section 195 is not followed.

Saloni Arora vs State Of Nct Of Delhi · Niyam