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The State of Punjab v. Jasbir Singh

Criminal Appeal · 2020 INSC 226Decided 26 Feb 2020
Criminal Appeal No. 335 of 2020
Justice Ashok Bhushan · Justice Mohan M. Shantanagoudar

Background

This is a referral order, not a final judgment. The State of Punjab appealed against a High Court order quashing an FIR against Jasbir Singh for allegedly forging revenue documents. The case turned on Section 340 of the CrPC, which lets a court order prosecution for offences affecting the administration of justice.

Decision Breakdown

This is a referral order, not a final judgment. The Court found conflicting decisions, in Pritish and Sharad Pawar on one side and Amarsang Nathaji on the other, on whether a preliminary inquiry and a hearing for the proposed accused are needed before such an order. It placed the matter before the Chief Justice for a larger bench and did not decide the appeal.

Lesson Learnt

There is no final ruling yet. Whether a person must be heard before a court orders their prosecution under Section 340 CrPC was left to a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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