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Queen-empress Vs. Munda Shetti and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad121
AppellantQueen-empress
RespondentMunda Shetti and ors.
Cases ReferredRaghoobuns Sahoy v. Kokil Singh I.L.R.
Excerpt:
criminal procedure code - act v of 1898, section 195--alleged forgery of documents submitted to tahsildar holding enquiry as to transfer of names in land register--revenue court--necessity far sanction to prosecute offender. - .....should be made or not, was a revenue court. he was authorized under act iii of 1869 (madras), to receive evidence and to decide whether transfer should be made or not. he was. therefore, in our opinion, a tribunal empowered to deal with a particular matter and authorised to receive evidence bearing on that matter in order to enable him to arrive at a determination; raghoobuns sahoy v. kokil singh i.l.r. 17 calc. 872. it appears, however, that the second accused person alone was a party to the proceeding in the tahsildar's court in which the documents alleged to be forgeries were produced. the accused persona nos. 1, 4 and 5 were not parties, and such being the case sanction in their case was not required under section 195, clause (c), of the code of the criminal procedure. we.....
Judgment:

1. We agree with the Sessions Judge that the Tahsildar, when holding an enquiry as to whether transfer of the names in a land register should be made or not, was a Revenue Court. He was authorized under Act III of 1869 (Madras), to receive evidence and to decide whether transfer should be made or not. He was. therefore, in our opinion, a tribunal empowered to deal with a particular matter and authorised to receive evidence bearing on that matter in order to enable him to arrive at a determination; Raghoobuns Sahoy v. Kokil Singh I.L.R. 17 Calc. 872. It appears, however, that the second accused person alone was a party to the proceeding in the Tahsildar's Court in which the documents alleged to be forgeries were produced. The accused persona Nos. 1, 4 and 5 were not parties, and such being the case sanction in their case was not required under Section 195, Clause (c), of the Code of the Criminal Procedure. We accordingly sot aside the committal to the Court of Sessions in the case of the second accused and direct that she be discharged, but decline to interfere in so far as accused Nos. 1, 4 and 5 are concerned.


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