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Emperor Vs. Lallubhai Jaychand Gujar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Reference No. 92 of 1912
Judge
Reported in(1912)14BOMLR960; 17Ind.Cas.791
AppellantEmperor
RespondentLallubhai Jaychand Gujar
Excerpt:
criminal procedure (act v of 1898), section 195-sanction to prosecute- false complaint-grant of b-summary-penal code (act xlv of 1860), section 211.;the complainant made a complaint of an offence to a magistrate, who examined the complainant and sent it to the police for investigation. the police reported that the case was false and asked the magistrate's orders to prosecute the complainant. the magistrate endorsed as follows, at the foot of the report: ' the case is classed as 15. you may proceed against the complainant' :-;that the order passed by the magistrate could not be accepted as a sanction under section 195 of the criminal procedure code. - 1. we agree with the learned sessions judge that the order made by the magistrate in this case at the foot of the report made by the police cannot be accepted as a sanction under section 195, criminal procedure code. we may point out also that the magistrate appears to have misunderstood the position in another respect in that the complaint made by lallubhai jaychand has up till this moment never been dismissed. we must, therefore, quash the commitment.
Judgment:

1. We agree with the learned Sessions Judge that the order made by the Magistrate in this case at the foot of the report made by the Police cannot be accepted as a sanction under Section 195, Criminal Procedure Code. We may point out also that the Magistrate appears to have misunderstood the position in another respect in that the complaint made by Lallubhai Jaychand has up till this moment never been dismissed. We must, therefore, quash the commitment.


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