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In Re: Mahadev Yadneshwar Joshi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Application for Revision No. 131 of 1912
Judge
Reported in(1912)14BOMLR715
AppellantIn Re: Mahadev Yadneshwar Joshi
Excerpt:
.....and the applicants were on that evidence tried for offences punishable under sections 193 and 109 and 193 of the indian penal code, without obtaining any sanction :-;that the applicants could not be tried in the absence of a sanction from the court which tried the theft case, and before evidence, which was said to have been fabricated, had been adduced. - 1. we must hold that in this case a sanction is necessary and the offence cannot be tried in the absence of a sanction from the court which tried shelke and before which the evidence, which is now said to have been fabricated, was adduced.2. the words 'in relation to an offence' ins. 195 of the criminal procedure code are wide enough to include evidence which was adduced before a court and which was heard by the court.3. that has been the case here and this case falls within the line of the decision of this court in in re khanderao yeswant : (1912)14bomlr362 . following it we must hold that the trial is void in the absence of a sanction.4. we, therefore, set aside the proceedings before the magistrate and direct him not to try the case as he has no jurisdiction to try it for want of the.....
Judgment:

1. We must hold that in this case a sanction is necessary and the offence cannot be tried in the absence of a sanction from the Court which tried Shelke and before which the evidence, which is now said to have been fabricated, was adduced.

2. The words 'in relation to an offence' ins. 195 of the Criminal Procedure Code are wide enough to include evidence which was adduced before a Court and which was heard by the Court.

3. That has been the case here and this case falls within the line of the decision of this Court in In re Khanderao Yeswant : (1912)14BOMLR362 . Following it we must hold that the trial is void in the absence of a sanction.

4. We, therefore, set aside the proceedings before the Magistrate and direct him not to try the case as he has no jurisdiction to try it for want of the requisite sanction.


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