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Emperor Vs. Chandabhai Amarsang - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Application for Revision No. 263 of 1912
Judge
Reported in(1912)14BOMLR1160; 17Ind.Cas.1000
AppellantEmperor
RespondentChandabhai Amarsang
Excerpt:
.....code (act xlv of 1860), section 211-sanction-grant of b summary-the b summary does not amount to sanction-sanction not necessary where offence under section 211 not committed in court.;the accused, a police patil, submitted a report to the police for an offence alleged to have been committed. the police inquired into the matter and found that the report was false. they placed the papers before a magistrate who wrote the case off and granted a b summary. the accused was thereupon prosecuted before the same magistrate for an offence punishable under section 211 of the indian penal code. it was contended for the accused that if the granting of the b summary amounted to a sanction, the magistrate was not competent to try the case; and that if it did not amount to a sanction, no prosecution..........relation to, any proceeding in any court. here the offence was constituted by the maliciously false report which the accused submitted to the police, and that offence was not committed in, or in relation to, any proceeding in any court; no sanction, therefore, was needed for the accused's prosecution.3. on the merits we agree with the view taken by the learned sessions judge and discharge the rule. the effect of this order will be that the accused who is now on bail must be re-arrested and committed to prison to serve out his sentence.
Judgment:

Batchelor, J.

1. The only point, which we need notice, taken on behalf of the applicant, was that the learned Magistrate had no jurisdiction to inquire into the offence, and the reason why it is argued that he had no such jurisdiction that he had already given to the police what is called a B summary in regard to the accusation by the accused man. But the learned Magistrate, it seems to us, is perfectly right in saying that a B summary is not an order passed under the Code at all, but is a mere administrative order made by the Magistrate for the purpose of facilitating police work and police statistics. It is in our view quite clear that the giving of this B summary is by no means tantamount to the grant of a Magisterial sanction for the prosecution of the original complainant.

2. Then it was said that if such an order does not amount to a sanction, there was not in this case any sanction at all for the prosecution of the accused. That no doubt is so, but the prosecution is, notwithstanding, valid and good, because the law does not require that any sanction should be accorded in such a case. The law on the subject is to be found in Section 195, Clause (b) of the Criminal Procedure Code, and that requires a sanction only where an offence under Section 211 is committed in, or in relation to, any proceeding in any Court. Here the offence was constituted by the maliciously false report which the accused submitted to the Police, and that offence was not committed in, or in relation to, any proceeding in any Court; no sanction, therefore, was needed for the accused's prosecution.

3. On the merits we agree with the view taken by the learned Sessions Judge and discharge the Rule. The effect of this order will be that the accused who is now on bail must be re-arrested and committed to prison to serve out his sentence.


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