Sans the procedure as contemplated under Section 195 CrPC, the proceedins are void ab initio, SC.
Supreme Court Bench of Justices AK Sikri and Abhay Manohar Sapre has ruled that the action taken by the prosecution against the appellant for the offence under Section 182 IPC is rendered void ab initio if the procedure laid under Section 195 CrPC is not followed.
The State Prosecuting Agency had sought to prosecute the appellant for commission of an offence punishable under Section 182 IPC.
The order was passed in case titled Saloni Arora vs Govt of NCT of Delhi.
The petition was offshoot of case pending in the Court of Additional Session Judge, Delhi in relation to the offences registered under Sections 120-B, 201, 302, 364 and 365 IPC against the accused on the basis of FIR No. 333/2006 PS: SPL. Cell.
Appellant filed an application for her discharge on the ground that no procedure as contemplated under Section 195 of the Code of Criminal Procedure, 1973 was followed.
Bench relied on case titled Daulat Ram vs. State of Punjab, AIR 1962 SC 1206 wherein it was ruled that there is an absolute bar against the Court taking seisin of the case under S.182 I.P.C. except in the manner provided by Sec.195 Cr.P.C.