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In Re: P. Muneyya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1913)ILR36Mad471
AppellantIn Re: P. Muneyya
Excerpt:
perjury - sanction of prosecution for--criminal procedure code (act v of 1898), section 195--conditional sanction. - - he says 'provided that silam ramudu's alibi which is supported by the second court witness papanna narasimham is found on investigation to be true, i sanction the prosecution of parala muneyya and lingam appayya for the offence of perjury and of sikkala papayya for presumably abetting them,'no sanction can be granted of a provisional character in case certain conditions are satisfied in the future.order1. the order of the sub-divisional magistrate is absolutely illegal. he says 'provided that silam ramudu's alibi which is supported by the second court witness papanna narasimham is found on investigation to be true, i sanction the prosecution of parala muneyya and lingam appayya for the offence of perjury and of sikkala papayya for presumably abetting them,' no sanction can be granted of a provisional character in case certain conditions are satisfied in the future. it was the duty of the magistrate before granting sanction to satisfy himself that there was, at the time of the order, a permit facie case against the petitioners here.2. we set aside the order.
Judgment:
ORDER

1. The order of the Sub-Divisional Magistrate is absolutely illegal. He says 'provided that Silam Ramudu's alibi which is supported by the Second Court witness Papanna Narasimham is found on investigation to be true, I sanction the prosecution of Parala Muneyya and Lingam Appayya for the offence of perjury and of Sikkala Papayya for presumably abetting them,' No sanction can be granted of a provisional character in case certain conditions are satisfied in the future. It was the duty of the Magistrate before granting sanction to satisfy himself that there was, at the time of the order, a permit facie case against the petitioners here.

2. We set aside the order.


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