Supreme Court · 2010 INSC 803 · Decided 23 November 2010
Gian Singh v. State of Punjab & Anr
- Court
- Supreme Court of India
- Citation
- 2010 INSC 803 · [2010] 13 S.C.R. 1034
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 8989/2010
- Decided
- 23 November 2010
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- IPC Section 1208, 420, 120B; CrPC Section 320, 482
Headnote
Code of Criminal Procedure, 1973: s.320- Compounding of offences- Prayer for permitting compounding of offences punishable u/ss 420 and 120-B /PC - HELD: Offence punishable uls 420 is compoundable with permission of court, but offence punishable u/s 120-B is a 0 it is non-compoundable, Court cannot permit it to be compounded - Court cannot amend the statutes and it must maintain judicial restraint in this regard - It is the Legislature alone which can amend s. 320 - The decision of the Court in the cases of B. S. Joshi, Nikhil E Mechant and Manoj
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