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Ram Raja Dat Vs. Sheo Dayal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1915All146; (1915)ILR37All439
AppellantRam Raja Dat
RespondentSheo Dayal
Excerpt:
criminal procedure code, section 195, clause (6) - sanction to prosecute--power of appellate court. - .....under section 195, clause (6), as standing on a very different footing from an application in revision, the right conferred by the clause abovementioned may not be exactly a right of appeal; but it is strongly analogous to such right. i drink the legislature intended that a court of superior jurisdiction whose jurisdiction was invoked under section 195, clause (6), of the code of criminal procedure, should reconsider the entire matter on the merits and while allowing all reasonable weight to the opinion of the court below, should nevertheless reconsider the question of the propriety of the order of sanction on its merits, upon a complete review of the entire facts. the proceedings out of which the matter now before me has arisen have been of considerable duration and occupied the.....
Judgment:

Piggott, J.

1. This is an application under the sixth clause of Section 195 of the Code of Criminal Procedure, asking this Court to revoke an order pissed by the Sessions Judge of Banda, sanctioning the prosecution of one Ram Raja Dat for haying committed the offence of giving false evidence in a deposition made by him on the 12th of August, 1914, in the court of a Magistrate subordinate to that court. The case came before the Sessions Judge in appeal, and hence he has dealt with the application for sanction. He was fully empowered to do so; but it is worth noticing that the evidence given by Ram Raja Dat was believed and acted upon by the Magistrate who heard it. I wish also to note that I look upon an application under Section 195, Clause (6), as standing on a very different footing from an application in revision, The right conferred by the clause abovementioned may not be exactly a right of appeal; but it is strongly analogous to such right. I drink the legislature intended that a court of superior jurisdiction whose jurisdiction was invoked under Section 195, Clause (6), of the Code of Criminal Procedure, should reconsider the entire matter on the merits and while allowing all reasonable weight to the opinion of the court below, should nevertheless reconsider the question of the propriety of the order of sanction on its merits, upon a complete review of the entire facts. The proceedings out of which the matter now before me has arisen have been of considerable duration and occupied the attention of several courts.

2. The Judgment then proceeds to discuss fully the facts and the evidence.

3. I do not think this is a suitable case for a prosecution and I revoke the order of sanction passed by the court below.


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