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The Empress Vs. Irad Ally, Accused - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1879)ILR4Cal869
AppellantThe Empress
Respondentirad Ally, Accused
Excerpt:
sanction to prosecution under section 182 and all of the pencil code - power of deputy magistrate to question sanction. - ainslie, j.1. we think the deputy magistrate was wrong to question the sanction given by the magistrate. it was an order made by a superior court, purporting to be made under a particular provision of law. whether it was rightly or wrongly made was not for the subordinate court to enquire into. the deputy magistrate was not sitting as a court of appeal or revision to examine the mode in which the magistrate of the district had dealt with the case in which he had sanctioned a prosecution under section 211 of the penal code. he was bound to accept the sanction as valid, and leave the accused to question it before a competent court, if so advised.2. we cancel the order of the deputy magistrate, and direct him to try the accused on the charges before him.
Judgment:

Ainslie, J.

1. We think the Deputy Magistrate was wrong to question the sanction given by the Magistrate. It was an order made by a superior Court, purporting to be made under a particular provision of law. Whether it was rightly or wrongly made was not for the subordinate Court to enquire into. The Deputy Magistrate was not sitting as a Court of appeal or revision to examine the mode in which the Magistrate of the district had dealt with the case in which he had sanctioned a prosecution under Section 211 of the Penal Code. He was bound to accept the sanction as valid, and leave the accused to question it before a competent Court, if so advised.

2. We cancel the order of the Deputy Magistrate, and direct him to try the accused on the charges before him.


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