Supreme Court of India
Gian Singh v. State of Punjab & Anr
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What the Court ordered
We are of the opinion that the above three decisions require to be re-considered as, in our opinion, something which cannot be done directly cannot be done directly cannot be done indirectly.
Judgment, page 3
From the headnote
Code of Criminal Procedure, 1973: s.320- Compounding of offences- Prayer for permitting compounding of offences punishable u/ss 420 and 120- /PC - HELD: Offence punishable uls 420 is compoundable with permission of court, but offence punishable u/s 120- is a 0 separate offence and since 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 . S. Joshi, Nikhil Mechant and Manoj Sharma require
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