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Musammat Kulsum Khanum Vs. Ghani Ahmed - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.635
AppellantMusammat Kulsum Khanum
RespondentGhani Ahmed
Excerpt:
criminal procedure code (act v of 1898), section 195(6) - sanction--superior court--collector superior to tahsildar. - .....the court of the tahsildar, the latter court refused sanction. an application was then made to the district magistrate of cawnpore for revision of the tahsildar's order refusing sanction. that application was rejected by the district magistrate and the applicant has now come in revision to this court. in view of the terms of section 195, clauses (6) and (7), of the criminal procedure code, it is quite clear that the applicant after the tahsildar's refusal ought to have applied under section 195, clause (6), to the collector to whose court appeals would ordinarily lie from the tahsildar's court or from the pergana officer's court in matters relating to mutation. subsequent appeals in mutation cases would lie to the superior revenue court. the district magistrate as such had no.....
Judgment:
ORDER

Tudball, J.

1. The applicant in this case seeks to obtain sanction to prosecute the opposite party in respect to a statement which he made when examined in the course of a mutation case in a Revenue Court, that is, the Court of a Tahsildar. An application for sanction was made first of all to the Pergana Officer who referred the applicant to the Court of the Tahsildar, The latter Court refused sanction. An application was then made to the District Magistrate of Cawnpore for revision of the Tahsildar's order refusing sanction. That application was rejected by the District Magistrate and the applicant has now come in revision to this Court. In view of the terms of Section 195, Clauses (6) and (7), of the Criminal Procedure Code, it is quite clear that the applicant after the Tahsildar's refusal ought to have applied under Section 195, Clause (6), to the Collector to whose Court appeals would ordinarily lie from the Tahsildar's Court or from the Pergana Officer's Court in matters relating to mutation. Subsequent appeals in mutation cases would lie to the Superior Revenue Court. The District Magistrate as such had no jurisdiction in the case, and this Court has (SIC) no jurisdiction in the matter. The applicant, if she wishes to obtain sanction, must apply to the proper Court. The present application is, therefore, rejected.


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