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Ram Deni Vs. Nand Lal Rai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1908)ILR30All109
AppellantRam Deni
RespondentNand Lal Rai
Excerpt:
criminal procedure code, section 195 - sanction to prosecute--jurisdiction to grant or revoke sanction. - .....that court refused to sanction the prosecution against ram deni. naud lal applied to the district magistrate. the district magistrate granted sanction. ram deni then applied to the sessions judge to revoke that sanction. the sessions judge held that the district magistrate was not an authority subordinate to him within the meaning of section 195(6) of the code of criminal procedure. the present application is to review and set aside the order of the sessions judge on the ground that the application came regularly before him, and he ought to have gone into the merits and given a decision either revoking or confirming the sanction. section 195 of the code of criminal procedure provides that no court shall take cognizance of certain offences without the previous sanction or on the.....
Judgment:

Richards, J.

1. The circumstances of the present case are as follows: Ram Deni made a complaint against Nand Lal and one Jokhu under Section 323 of the Indian Penal Code. This prosecution resulted in the acquittal of Nand Lal and Jokhu. Nand Lal then applied to the Court which tried the original case for sanction, the application being made under Section 195 of the Code of Criminal Procedure. That Court refused to sanction the prosecution against Ram Deni. Naud Lal applied to the District Magistrate. The District Magistrate granted sanction. Ram Deni then applied to the Sessions Judge to revoke that sanction. The Sessions Judge held that the District Magistrate was not an authority subordinate to him within the meaning of Section 195(6) of the Code of Criminal Procedure. The present application is to review and set aside the order of the Sessions Judge on the ground that the application came regularly before him, and he ought to have gone into the merits and given a decision either revoking or confirming the sanction. Section 195 of the Code of Criminal Procedure provides that no Court shall take cognizance of certain offences without the previous sanction or on the complaint of the Court in which the offence was committed, or the sanction of some other Court to which such Court is subordinate. Sub-section (6) provides that any sanction given or refused under the section may be revoked or granted by any authority to which the authority giving or refusing it is subordinate. Sub-section (7) provides that for the purposes of the section every Court shall be deemed to be subordinate only to the Court to which appeals from the former Court ordinarily lie.

2. In the present case the charges against Jokhu and Nand Lal were tried in the Court of a Magistrate of the third Class. Appeals from him ordinarily lie to the District Magistrate. In my opinion the application for sanction having been made to the Court in which the proceedings were had and in respect of which sanction to prosecute was asked, the only Court to which an application under Clause (6) could be made to revoke or grant the sanction was the Court of the District Magistrate, and that the view taken by the learned Sessions Judge was a correct view. I accordingly dismiss the application.


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