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Ekambaraswara Iyar Vs. Veerabadra thevan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1911)ILR34Mad186
AppellantEkambaraswara Iyar
RespondentVeerabadra thevan and ors.
Cases Referred(Emperor v. Mahendra Singh I.L.R.
Excerpt:
criminal procedure code, act v of 1898, section 195 - sanction to prosecute--jurisdiction--subordination of courts--transfer of case out of local jurisdiction, power to. - .....to prosecute a person accused of offences falling within clauses (b) and (c) of section 195 of the code of criminal procedure. that section enacts that no court shall take cognizance of any of the offences enumerated in clauses (b) and (c) of the section except with the previous sanction or on the complaint of the court in which, or in relation to a proceeding in which, the alleged-offence is committed, or of some other court to which that court is subordinate.2. assuming then that section 526 of-the criminal procedure code gives us power to transfer the application as being a criminal case, the language of section 195 indicates that any transfer so made would be ineffective and futile unless the transfer was made to a court to which the court before which the application is pending is.....
Judgment:
ORDER

1. This is an application for transfer of a petition to grant sanction to prosecute a person accused of offences falling within clauses (b) and (c) of Section 195 of the Code of Criminal Procedure. That section enacts that no Court shall take cognizance of any of the offences enumerated in clauses (b) and (c) of the section except with the previous sanction or on the complaint of the Court in which, or in relation to a proceeding in which, the alleged-offence is committed, or of some other Court to which that Court is subordinate.

2. Assuming then that Section 526 of-the Criminal Procedure Code gives us power to transfer the application as being a criminal case, the language of Section 195 indicates that any transfer so made would be ineffective and futile unless the transfer was made to a Court to which the Court before which the application is pending is subordinate, for no Court could take cognizance of the case on a sanction granted by any Court not mentioned in the section. No authority on this question has been cited before us, but we think we ought not in this view of the section to make the transfer applied for, and we are not inclined to adopt the suggestion that we should transfer the case to this Court, as it can if necessary be brought here by way of appeal. In the Allahabad High Court, it has been held, In the matter of the petition of Amar Singh I.L.R. (1894) All. 9 followed in subsequent case (Emperor v. Mahendra Singh I.L.R. (1908) All. 47), that the High Court cannot transfer a case under Section 110 of the Criminal Procedure Code to any Magistrate other than one within whose local jurisdiction the person is found against whom proceedings are instituted. The reasoning in this case supports the view we take of Section 195. We therefore reject the petition.


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