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Emperor Vs. Mohomed Naqi Husain - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in52Ind.Cas.670
AppellantEmperor
RespondentMohomed Naqi Husain
Excerpt:
criminal procedure code (act v of 1898), section 195(1)(a) - penal code (act xlv of 1860), section 182--false charge against public servant made in letter addressed to collector--sanction for prosecution, who can grant--jurisdiction. - - mohommad naqi husain had complained to the collector of aligarh by means of a letter, making certain charges against mohommad ayub, pound keeper of chama. if an offence under section 182, indian penal code, has been committed with reference to the letter complaining against the pound keeper, then under section 195, clause (1) (a), of the code of criminal procedure no court can take cognizance of the offence without the previous sanction or the complaint of the public servant concerned or of some public servant to whom he is subordinate, the public..........directing the prosecution of one mohommad naqi husain for an offence under section i82, indian penal code, be set aside as having been directed by the sub-divisional officer, mr. r.h. niblett, who had no jurisdiction to pass the order. together with the reference the magistrate's explanation has also been forwarded to this court. mohommad naqi husain had complained to the collector of aligarh by means of a letter, making certain charges against mohommad ayub, pound keeper of chama. if an offence under section 182, indian penal code, has been committed with reference to the letter complaining against the pound keeper, then under section 195, clause (1) (a), of the code of criminal procedure no court can take cognizance of the offence without the previous sanction or the complaint of.....
Judgment:

Wallach, J.

1. This is a reference from the Sessions Judge of Aligarh recommending that an order directing the prosecution of one Mohommad Naqi Husain for an offence under section i82, Indian Penal Code, be set aside as having been directed by the Sub-Divisional Officer, Mr. R.H. Niblett, who had no jurisdiction to pass the order. Together with the reference the Magistrate's explanation has also been forwarded to this Court. Mohommad Naqi Husain had complained to the Collector of Aligarh by means of a letter, making certain charges against Mohommad Ayub, pound keeper of Chama. If an offence under Section 182, Indian Penal Code, has been committed with reference to the letter complaining against the pound keeper, then under Section 195, Clause (1) (a), of the Code of Criminal Procedure no Court can take cognizance of the offence without the previous sanction or the complaint of the public servant concerned or of some public servant to whom he is subordinate, The public servant concerned with reference to Section 182, Indian Penal Code, is clearly the District Magistrate. The Sub-Divisional Officer does not take the place of the District Magistrate and cannot usurp the District Magistrate's powers for the purpose of giving jurisdiction under Section 195, Clause (1) (a), of the Code of Criminal Procedure to a Court for the purpose of trying the alleged offence.

2. I, therefore, accept the reference of the learned Sessions Judge and set aside the order of Mr. Niblett, Magistrate, 1st Class, dated the 5th June 1919, directing the prosecution of Mohommad Naqi Husain under Section 182, Indian Penal Code, with respect to the letter mentioned in that order.


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