1. A case of theft was reported to a Village Munsif who sent the usual reports to the Police and the Sub-Magistrate. The police submitted a referred charge sheet and asked the, Sub-Magistrate for sanction to prosecute the complainant. The Sub-Magistrate sanctioned the prosecution of the complainant for an offence under Section 182, I.P.C.
2. Under Section 195(a), Cr.P.C., no Court shall take cognizance of an offence under Section 182, I.P.C., except with the previous sanction or on the complaint of the public servant concerned or of some public servant to whom he is subordinate. In the present case the public servant concerned was the Village Munsif, and he took no action. The sanction granted by the Sub-Magistrate will, therefore, be a good sanction only if the Village Munsif is subordinate to the Magistrate. Our attention has been drawn to Regina v. Periannan and Narain I.L.R. (1881) M. 241.
3. There, one of the grounds on which the sanction was submitted to be illegal was that the Sub-Magistrate had no power to give sanction as he was not the public servant to whom the information was given. In dealing with this the learned Judges re-marked as follows: We think all was done that was necessary. The public servant himself complained, which is sufficient to satisfy the requirements of the section, and if it were not so, the Village-Magistrate may be said to be subordinate to the 2nd Class Magistrate, and the sanction of the 2nd Class Magistrate would be sufficient.' That case is not exactly on all fours with the present case, in as much as a complaint seems to have been made by the Village Magistrate to whom the information was given. It was, therefore, unnecessary to decide in that case whether the Village Magistrate was or was not subordinate to the Sub-Magistrate, and no reasons were given for the opinion that the Village Magistrate may be said to be subordinate to the Second class Magistrate. The subordination of one public servant to another may arise either from express enactment or from the fact that both public servants belong to the same department, one being superior in rank to the other. We are not aware of any enactment which makes Village Munsifs subordinate to the Sub-Magistrates. The Criminal Procedure Code does not do so, nor do Regulations XI of 1816 and IV of 181. Village Munsifs and Sub-Magistrates do act belong to the same department. We are unable, therefore, to see how Village Muisifs can be said to be subordinate to Sub-Magistrates. We, therefore, revoke the sanction granted by the Sub-Magistrate in the present case.