SALONI ARORA v. STATE OF NCT OF DELHI INSC 40

Summary of Saloni Arora v. State of NCT of Delhi

Facts: The appeal in the Supreme Court arose from proceedings pending before the Court of the Additional Sessions Judge, Delhi related to offenses under section 120-B, 201, 302, 364 and 365 of the Indian Penal Code. The Prosecution sought to prosecute the Appellant for an offence under section 182 IPC. The Appellant filed an application on the ground that since no procedure under section 195 of the Code of Criminal Procedure was followed by the prosecution, the Appellant cannot be prosecuted for the offence. The Trial Court dismissed the Appellant's application and the High Court upheld the order of the Trial Court.

Issue: 1.) Whether the Appellant can be charged under section 182 of the IPC. 2.) Whether the Prosecution followed section 195 of CrPC and thus the offence under section 182 IPC can be upheld.

Holding: The Supreme Court held that while prosecuting an accused under section 182 IPC, it is mandatory to follow the procedure prescribed under section 195 of the Code of Criminal Procedure. Therefore allowing the appeal.

Rationale: The Supreme Court relied on Daulat Ram v. State of Punjab where the court held that the procedural requirements under section 195 of CrPC are not optional but mandatory for initiating proceedings under section 182 IPC. Section 195 of CrPC required the public servant to file a written complaint while if they allege the accused under section 182 IPC. It was not done so in this case, therefore the Supreme Court allowed the appeal because the procedural requirements under section 192 CrPC were not followed.