Skip to content


John MartIn Sequeira Vs. Luja Bai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad671
AppellantJohn MartIn Sequeira
RespondentLuja Bai
Excerpt:
criminal procedure code - act v of 1898, section 195(4)--sanction to prosecute. - 1. as the petitioner was not 'a party to the proceeding in the court' in the case in which the alleged forged will was produced, no sanction for his prosecution was required. therefore the judge was not competent to entertain the application for sanction. even if he had been, he should have named the person against whom the prosecution was to be directed, as there was no doubt about who that person was. clause (4) of section 195 of the code of criminal procedure obviously applies only to cases where, at the time of granting sanction, the offender is uncertain or unknown.2. the sanction in this case must therefore be revoked.
Judgment:

1. As the petitioner was not 'a party to the proceeding in the Court' in the case in which the alleged forged will was produced, no sanction for his prosecution was required. Therefore the Judge was not competent to entertain the application for sanction. Even if he had been, he should have named the person against whom the prosecution was to be directed, as there was no doubt about who that person was. Clause (4) of Section 195 of the Code of Criminal Procedure obviously applies only to cases where, at the time of granting sanction, the offender is uncertain or unknown.

2. The sanction in this case must therefore be revoked.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //