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Bhimaraja Venkateswarulu Vs. Moova Bapulu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in15Ind.Cas.320
AppellantBhimaraja Venkateswarulu
RespondentMoova Bapulu
Cases ReferredCriminal Procedure Code Ramasami v. Queen
Excerpt:
criminal procedure code (act v of 1898), section 195 - penal code (act xlv of 1860), section 211--false information given to police--order of magistrate to remove case from police file--sanction. - securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 [c.a. no. 54/2002]section 17; power of tribunal to impose condition relating to deposit for grant of stay of auction held, there is no specific provision made under section 17 of securitisation act or under any other provisions of the said act empowering the tribunal to pass any interim order. but under sub-section (12) of section 19 of the recovery of debts due to banks and financial institutions act, 1993, the tribunal has been empowered to pass various interim orders. if sub-section (7) of.....order1. in this case, information was given to the village magistrate and to the station house officer, and the latter referred the case as false to the stationary sub-magistrate, who issued an order to the police to remove the case from the file as a false one. in these circumstances, the sanction of the magistrate for proceedings under section 211, indian penal code, is not required by section 195, criminal procedure code ramasami v. queen-empress 7 m.p 292 and, consequently, the sanction which the sub-magistrate has accorded, and which the district magistrate has confirmed, is a sanction not contemplated by the code of criminal procedure. on this ground, we revoke it.
Judgment:
ORDER

1. In this case, information was given to the Village Magistrate and to the Station House Officer, and the latter referred the case as false to the Stationary Sub-Magistrate, who issued an order to the Police to remove the case from the file as a false one. In these circumstances, the sanction of the Magistrate for proceedings under Section 211, Indian Penal Code, is not required by Section 195, Criminal Procedure Code Ramasami v. Queen-Empress 7 M.P 292 and, consequently, the sanction which the Sub-Magistrate has accorded, and which the District Magistrate has confirmed, is a sanction not contemplated by the Code of Criminal Procedure. On this ground, we revoke it.


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