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Queen-empress Vs. Ganga Ram and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All38
AppellantQueen-empress
RespondentGanga Ram and anr.
Excerpt:
act xlv of 1860 (penal code) section 211 - prosecution for making a false charge--opportunity to accused to prove the truth of charge. - brodhurst, j.1. one of the grounds for revision is, that sanction under section 195 of the criminal procedure code should not have been given until the complainants had been afforded an opportunity of proving their case, which had been thrown out merely on the report of the police.2. this objection is, i think, valid, and it is supported by the judgment of garth, c.j., and field, j., in the government v. karimdad i.l.r. 6 cal. 496. under the circumstances above referred to, i set aside the magistrate's order of the 25th july 1885.
Judgment:

Brodhurst, J.

1. One of the grounds for revision is, that sanction under Section 195 of the Criminal Procedure Code should not have been given until the complainants had been afforded an opportunity of proving their case, which had been thrown out merely on the report of the police.

2. This objection is, I think, valid, and it is supported by the judgment of Garth, C.J., and Field, J., in The Government v. Karimdad I.L.R. 6 Cal. 496. Under the circumstances above referred to, I set aside the Magistrate's order of the 25th July 1885.


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