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The Queen Vs. Velayudam Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad146
AppellantThe Queen
RespondentVelayudam Pillai
Excerpt:
criminal procedure code, 1872 section 467 - sanction for prosecution for giving false information to police officer, given by second-class magistrate of taluk, invalid. - muttusami ayyar and tarrant, jj.1. the question in this case is, whether the sanction of a taluk magistrate to a prosecution under section 182 of the indian penal code for a statement made to the police and included in their referred charge sheet forwarded by them to such magistrate under section 117 of the code of criminal procedure is sufficient, or whether the sanction for the prosecution should not have been given by an official in the police department.2. it does not appear to us that the taluk magistrate is the official superior of the station-house officer within the meaning of section 467 of the code of criminal procedure, and the order of acquittal is therefore right. we must decline to interfere.
Judgment:

Muttusami Ayyar and Tarrant, JJ.

1. The question in this case is, whether the sanction of a Taluk Magistrate to a prosecution under Section 182 of the Indian Penal Code for a statement made to the Police and included in their referred charge sheet forwarded by them to such Magistrate under Section 117 of the Code of Criminal Procedure is sufficient, or whether the sanction for the prosecution should not have been given by an official in the Police Department.

2. It does not appear to us that the Taluk Magistrate is the official superior of the Station-house Officer within the meaning of Section 467 of the Code of Criminal Procedure, and the order of acquittal is therefore right. We must decline to interfere.


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