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Panchu Mandal Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1914Cal136,(1914)ILR41Cal14
AppellantPanchu Mandal
RespondentEmperor
Excerpt:
sanction for prosecution - disobedience of prohibitory order--necessity of application for sanction--police report setting forth the facts, of disobedience, and containing a request for prosecution--criminal procedure code (act v of j898), section 195(1)(a)--penal code (act xlv of 1860), section 188. - .....we find no substance in this rule. the order was clearly made under section 195, clause (a) of the criminal procedure code. it is pressed on us that a sanction under section 195(a) cannot be good without an application made on behalf of somebody for sanction to be granted. it is admitted that the sanction was given by the magistrate on a police report, setting forth the facts of the disobedience of the order and also containing a request that the petitioner should be prosecuted under section 188 of the indian penal code. we see in the report a sufficient application for the purposes of the law to justify the magistrate in giving the sanction under section 195, if an application were needed at all. we, therefore, discharge the rule.3. the due promulgation of the order, in respect of which.....
Judgment:

Imam, J.

1. This was a Rule calling on the District Magistrate of Nadia to show cause why the sanction to prosecute the, petitioner for disobedience of the order passed by the Subdivisional Officer should not be set aside on the ground that the order complained of is neither a sanction under Section 195 nor a direction to prosecute under Section 476 of the Criminal. Procedure Code.

2. We find no substance in this Rule. The order was clearly made under Section 195, Clause (a) of the Criminal procedure Code. It is pressed on us that a sanction under Section 195(a) cannot be good without an application made on behalf of somebody for sanction to be granted. It is admitted that the sanction was given by the Magistrate on a police report, setting forth the facts of the disobedience of the order and also containing a request that the petitioner should be prosecuted under Section 188 of the Indian Penal Code. We see in the report a sufficient application for the purposes of the law to justify the Magistrate in giving the sanction under Section 195, if an application were needed at all. We, therefore, discharge the Rule.

3. The due promulgation of the order, in respect of which the disobedience is alleged, is disputed by the petitioner. We express no opinion on the point, but leave it to the Magistrate who will try the case to decide it.

Chapman, J.

4. I agree; but desire to add that, in so far as the provisions contained in Section 195(7)(a) are concerned, I do not see the necessity of any application for sanction. The cases in which it has been said that a Court acting under Section 195(1)(6) ought not to proceed except upon an application, are no authority for saying that an application is necessary in cases which come under Section 195(2)(a).


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