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Giga
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CrPC Sec 465

Registration of case under Act without prior approval of District S.P.-Is defect that goes to root
matter-Not curable under S. 465 of criminal P.C.
Ashraf khan @ Bubu Munnekhan Pathan v. State of Gujarat.(AIR 2013 SC 217)

H.L. DATTU AND CHANDRAMAULI Kr.PRASAD,JJ

Section 465 of the code shall not be a panacea for all error, omission or irregularity. Omission to grant prior approval for registration of the case under TADA by the District Superintendent of police is not the kind of omission which is covered under Section 465 of the code .It is defect which goes to the root of the matter and it is not one of the curable defects.