1980 INSC 0117
                                                     Premjit Kaur

                                                           Vs

                                                   Harsinder Singh

                                        Criminal Appeal No. 204 of 1980

                                  (V. D. Tulzapurkar, O. Chinnappa Reddy JJ)

                                                      17.03.1980

                                                     JUDGMENT

TULZAPURKAR, J. ­

1. Special leave granted.

2. We have heard counsel on both sides and we are satisfied that the view of the High Court is
clearly erroneous that simply because Sections 191 and 192, Indian Penal Code, are not mentioned
in Section 195(1)(b)(i), Criminal Procedure Code, sanction for prosecution could not be issued.
Obviously, Sections 191 and 192, Indian Penal Code, are the sections which define offences for
which punishment is provided for in Section 193 and Section 193 is admittedly mentioned in
Section 195(1)(b)(i), Criminal Procedure Code. The view of the High Court being clearly erroneous
we fell that the judgment of the High Court be quashed. We accordingly quash the same. We would,
however, like to observe that it will be open to the respondent to raise whatever defence he wants to
raise in the prosecution that may be launched against him.

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