Case Title: The State of Punjab v. Jasbir Singh
Bench: Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath
Case No.: CRIMINAL APPEAL NO. 335/2020
In this case, The matter was placed before a three Judges Bench consisting of Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath seeking the following questions to be answered:
- Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court?
- What is the scope and ambit of such preliminary inquiry?
The court stated that it has little doubt that there is no question of opportunity of hearing in a scenario of this nature and it say nothing else but that a law as enunciated by the Constitution Bench in Iqbal Singh Marwah’s case is in line with what was observed in Pritish’case.
The bench added that the scope and ambit of such a preliminary inquiry, also stands resolved in terms of the Constitution Bench judgment of this Court in the Iqbal Singh Marwah’s case.
