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Issues involved: Validity of trial under section 120B IPC in absence of sanction u/s 196A(2) Cr. P. C., 1898.
In the present case, the appellant was charged under various sections including 120B IPC for being part of a criminal conspiracy to prepare spurious passports and cheat the Embarkation Authorities. The trial court rejected the objection raised by the accused regarding the sanction under section 196A(2) Cr. P. C., stating that no sanction was necessary. The High Court also dismissed the revision application, leading to the appellant seeking special leave from the Supreme Court. The main contention raised before the Supreme Court was the invalidity of the trial under section 120B IPC due to the absence of sanction under section 196A(2) Cr. P. C. The charges framed against the appellant and others involved in the conspiracy detailed the illegal acts committed, including forging passports and cheating authorities. The appellant's counsel argued that the charge only mentioned "cheating" under section 417 IPC, not specifying "cheating by personation" under section 419 IPC. However, the Supreme Court found that the recitals in the charge were clear, and the mention of section 419 IPC sufficed. The Court emphasized that the object of the conspiracy could be determined from the charge itself, and the decision in Bhanwar Singh v. State of Rajasthan was not applicable in this context. The Supreme Court explained that criminal conspiracy under section 120A IPC is a distinct offence where the agreement among conspirators to break the law is crucial. The Court highlighted that the main object of the conspiracy in this case was cheating by personation, with other illegal acts being steps towards achieving that goal. The Court agreed with previous judgments that the conspiracy charge stands even if not all conspirators are involved in every illegal act agreed upon. Regarding the requirement of sanction under section 196A(2) Cr. P. C., the Court noted that since the object of the conspiracy was cheating by personation under section 419 IPC, which is punishable with imprisonment up to three years, the absence of sanction did not invalidate the trial. The Court dismissed the appeal, directing the trial court to expedite the case proceedings.
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