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.