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Sheikh Sanaoo Vs. Emperor Through Rama Kant - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in54Ind.Cas.416
AppellantSheikh Sanaoo
RespondentEmperor Through Rama Kant
Excerpt:
criminal procedure code (act v of 1898), sections 195, 476 - penal code (act xlv of 1860), section 211--sanction to prosecute, when to be granted--prosecutor actuated by enmity--procedure--court, duty of. - - it is found that the applicant and the person against whom he brought a case under section 408, indian penal code, are on bad terms with each other. i think before sanction should be given there ought to he a very much stronger case made out than what appears in this case and there should be a strong probability of conviction before sanction is given......this court to quash the order sanctioning prosecution of the applicant under section 211, indian penal code. it is found that the applicant and the person against whom he brought a case under section 408, indian penal code, are on bad terms with each other. the magistrate who tried the case acquitted the accused and subsequently gave him sanction to prosecute the applicant, and the learned sessions judge has refused to interfere. it seems to me that if the trial court was of opinion that in the interests of public justice proceedings should be taken against the applicant, it could and should have acted under section 476 of the code of criminal procedure. i am very loath to give sanction to a private individual, specially in a case where he and the opposite party are actuated by enmity......
Judgment:

Ryves, J.

1. This is an application in revision asking this Court to quash the order sanctioning prosecution of the applicant under Section 211, Indian Penal Code. It is found that the applicant and the person against whom he brought a case under Section 408, Indian Penal Code, are on bad terms with each other. The Magistrate who tried the case acquitted the accused and subsequently gave him sanction to prosecute the applicant, and the learned Sessions Judge has refused to interfere. It seems to me that if the trial Court was of opinion that in the interests of public justice proceedings should be taken against the applicant, it could and should have Acted under Section 476 of the Code of Criminal Procedure. I am very loath to give sanction to a private individual, specially in a case where he and the opposite party are actuated by enmity. These cases are not brought to vindicate public Justice but to satisfy private spite. In this case, however, the learned Sessions Judge says that there are certain points in Sheikh Sanao's case which can most probably be shown to be false, and this might probably lead to a conviction under Section 211, Indian Penal Code. I think before sanction should be given there ought to he a very much stronger case made out than what appears in this case and there should be a strong probability of conviction before sanction is given. I allow the application and set aside the order of sanction.


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