AIROnline 2024 SC 379

Supreme Court Of India

(From : 2021 Cri LJ 3640 (J and K))

Hon'ble Judge(s): M. M. Sundresh, S. V. N. Bhatti , JJ

Jammu and Kashmir Criminal P.C. (23 of 1989 Smvt.) , S.196, S.196A, S.4(1)(e)— Jammu and Kashmir Reorganisation Act (34 of 2019) , S.95, S.103— Jammu and Kashmir Reorganization (Removal of Difficulties) Order (2019) , Para.2(13)— Cognizance of offence -Authorisation by Govt. - Offence of making attempt to ambush convoy of CRPF personnel using car laden with explosives - 1989 Code was repealed from 31.10.2019 - S. 196-A of 1989 Code, mandated specific authorisation from State, for filing complaint - Investigation began under the 1989 Code - Requirement of authorisation under 1989 Code could not be ignored after application of 1973 Code, which did not require such authorization, as 1973 Code could not be applied retrospectively - While investigations initiated under 1989 Code can continue under 1973 Code, lack of authorisation as required under 1989 Code could not be overlooked - Investigating agency would be required to comply with requirement of obtaining authorisation, even after completion of investigation - Investigating agency was permitted to rectify the defect and Trial court was directed to then proceed with the case in accordance with law . General Clauses Act (10 of 1897) , S.6— Criminal P.C. (2 of 1974) , S.190— 2021 Cri LJ 3640 (J and K)-Partly ReversedAIR 1929 CAL 754-Relied on (Para 30 31 32 ....