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Damarla Subbiah Vs. Muhummad Mastan Sahib - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1928Mad391; 108Ind.Cas.66
AppellantDamarla Subbiah
RespondentMuhummad Mastan Sahib
Excerpt:
- .....of the president of the panchayat court. the learned public prosecutor informs me that the district magistrate has written to him to say that this sentence is a clerical error which has crept into his order. it cannot be said to be a clerical error because a whole sentence with a definite opinion is embodied in the order. evidently the district magistrate did not mean to pass the order. it was probably an expression of opinion by him which was by mistake embodied in the order drawn up and which was afterwards signed by some officer for the district magistrate. seeing that the district magistrate clearly says that he never intended to pass this order, it cannot be taken to be his order. but inasmuch as a copy of the order has been given to the petitioner the only proper course.....
Judgment:
ORDER

Devadoss, J.

1. This is an application to revise the order of the District Magistrate of Guntur that no sanction of Government under Section 197, Criminal P.C., is necessary for the prosecution of the president of the panchayat Court. The learned Public Prosecutor informs me that the District Magistrate has written to him to say that this sentence is a clerical error which has crept into his order. It cannot be said to be a clerical error because a whole sentence with a definite opinion is embodied in the order. Evidently the District Magistrate did not mean to pass the order. It was probably an expression of opinion by him which was by mistake embodied in the order drawn up and which was afterwards signed by some officer for the District Magistrate. Seeing that the District Magistrate clearly says that he never intended to pass this order, it cannot be taken to be his order. But inasmuch as a copy of the order has been given to the petitioner the only proper course would be to quash this portion of the District Magistrate's order which is said to be due to a clerical mistake. The mischief of this unfortunate clerical mistake has been the reason of the Sub-Divisional Magistrate taking the case on his, file notwithstanding the objection of the petitioner on the ground of want of sanction. For I find the order among the records of the case in the Divisional Magistrate's Court. The petitioner acted in his capacity as a Judge and as such sanction is required under Section 197, Criminal P.C., for prosecuting him for anything done in that capacity. The proceedings before the Sub-Divisional Magistrate of Guntur are quashed for want of proper sanction under Section 197, Criminal P.C.


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