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The Pubulic Prosecutor Vs. Mari Mudali and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in76Ind.Cas.653
AppellantThe Pubulic Prosecutor
RespondentMari Mudali and ors.
Excerpt:
criminal procedure code (act v of 1898), sections 1, 95(1) clause (a) - village munsif complainant--sanction. - - this is sought to be read as meaning that village magistrates could not complain or be tried under the code, because this section excludes the applicability of the' code to heads of villages......indian penal code. the magistrate overlooked the tact that, under section 195, criminal procedure code, sanction is not necessary when, as here, the public servant against whom the offence has been committed is himself the complainant. in such cases as that, no sanction is necessary at all under section 195 sub-section (1), clause (a).2. an argument has been put forward by the learned vakil for the accused with reference to section (1) of the criminal procedure code, that section says, inter alia, that nothing containing in the criminal procedure code shall apply to heads of villages in the presidency of fort st. george. this is sought to be read as meaning that village magistrates could not complain or be tried under the code, because this section excludes the applicability of the'.....
Judgment:

Krishnan, J.

1. This is an appeal by the Government against the acquittal of the accused of an offence under Section 245. Criminal Procedure Code by the Sub-Magistrate of Perundurai. The acquittal is based on the ground that, no sanction had been produced under Section. 195, Criminal Procedure Code, from the District Munsif, the complainant being the Village Munsif whose superior is the District Munsif. The complaint that he brought forward against the accused was for hit offence under Section 183, Indian Penal Code. The Magistrate overlooked the tact that, under Section 195, Criminal Procedure Code, sanction is not necessary when, as here, the public servant against whom the offence has been committed is himself the complainant. In such cases as that, no sanction is necessary at all under Section 195 Sub-section (1), Clause (a).

2. An argument has been put forward by the learned Vakil for the accused with reference to Section (1) of the Criminal Procedure Code, that section says, inter alia, that nothing containing in the Criminal Procedure Code shall apply to heads of villages in the Presidency of Fort St. George. This is sought to be read as meaning that Village Magistrates could not complain or be tried under the Code, because this section excludes the applicability of the' Code to heads of villages. Obviously, this is not the meaning of the provision at all. It simply means that in his official capacity as Village Magistrate, that is, in the proceedings he takes as Village Magistrate, he is not governed by the Criminal Procedure Code. This has nothing to do with his coming forward in any criminal case as a complainant, as in this case be has done.

3. The order of acquittal must be set aside and the case sent back to the Second Class Magistrate, Perundurai for disposal according to law.


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