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Muthiah Goundan and ors. Vs. Chinna Nallappa Goundan and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in83Ind.Cas.702
AppellantMuthiah Goundan and ors.
RespondentChinna Nallappa Goundan and anr.
Cases ReferredPublic Prosecutor v. Raver Unithiri
Excerpt:
criminal procedure code (act v of 1898), section 195 - criminal procedure code amendment act (xviii of 1923), section 47--sanction to prosecute obtained and complaint filed before amending act, whether lapse after amending act. - .....m.l.j. 511 : 15 m.l.t. 403 : 15 cri.l.j. 409 that the sanction of the first court and a complaint based on it lapse. we are unable to hold that the new criminal procedure code amending act affects the sanction or the complaint filed under it under the act before the amendment.3. the petition is dismissed.
Judgment:
ORDER

1. We think there has been an enquiry before the District Munsif on the application for sanction. Even if Exhibit B is not proved, Exhibit A is. evidence and is enough to make out a prima facie case. It may be that the District Judge is not altogether correct in saying that no enquiry is necessary but his error is immaterial. There has been an enquiry in this case sufficient in our opinion, having regard to the nature of the statements in the counter-petition and we are also of opinion that the Courts below have exercised their judicial discretion as to whether the sanction is necessary in the public interest.

2. We do not think that it can be inferred from. Public Prosecutor v. Raver Unithiri 24 Ind. Cas. 145 : 26 M.L.J. 511 : 15 M.L.T. 403 : 15 Cri.L.J. 409 that the sanction of the First Court and a complaint based on it lapse. We are unable to hold that the new Criminal Procedure Code Amending Act affects the sanction or the complaint filed under it under the Act before the amendment.

3. The petition is dismissed.


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