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In Re: Mallipaddi Gopaya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.206
AppellantIn Re: Mallipaddi Gopaya
Cases Referred and Kali Kinkar Sett v. Nritya Gopal Roy
Excerpt:
criminal procedure code (act v of 1898), section 195 - sanction granted to one person--bight of third person to institute complaint on the sanction. - order1. we have considered the decisions reported in jogendra nath mukerjee v. sarat chandra benerjee 9 c.w.n. 277 and kali kinkar sett v. nritya gopal roy 12 m.k 47, but we are not prepared to differ from the view taken by this court in thathayya, in re 1 cri. l.j. 422. we do not consider that it makes any difference whether the sanction is accorded to a particular person or is couched in general terms.2. the sub-divisional magistrate will restore the case to his file and dispose of it according to law.
Judgment:
ORDER

1. We have considered the decisions reported in Jogendra Nath Mukerjee v. Sarat Chandra Benerjee 9 C.W.N. 277 and Kali Kinkar Sett v. Nritya Gopal Roy 12 M.k 47, but we are not prepared to differ from the view taken by this Court in Thathayya, In re 1 Cri. L.J. 422. We do not consider that it makes any difference whether the sanction is accorded to a particular person or is couched in general terms.

2. The Sub-Divisional Magistrate will restore the case to his file and dispose of it according to law.


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