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Abbilakh Singh Vs. Khub Lall - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal1100
AppellantAbbilakh Singh
RespondentKhub Lall
Excerpt:
sanction to prosecute - criminal procedure code (act x of 1882), section 195, clause (c), para. 2--notice, when necessary prior to sanction. - .....application does not comply with these provisions of the law.2. the second ground upon which we think this sanction ought to be revoked is this: the sanction was not given immediately upon the termination of the proceedings in which the question of the genuineness of the istifa or notice of relinquishment was raised. it was given when those proceedings had terminated, and by an order of a subsequent date, which virtually re-opened the matter. we think that when a sanction is applied for under circumstances of this nature, that is, after the termination of the proceedings in the course of which the offence is alleged to have been committed, the person against whom the sanction is applied for ought to have notice and have an opportunity of being heard, and that the proceedings ought not.....
Judgment:

Field, J.

1. This is an application under para. 4, Clause (c), Section 195, of the Code of Criminal Procedure, for the revocation of a sanction given for the prosecution of the petitioner, dated 16th February 1884. The sanction is in the following words:--'Sanction to prosecute is awarded.' We think that this sanction must be revoked on two grounds: The second paragraph of Clause (c), Section 195, provides that the sanction 'shall, so far as practicable, specify the Court or other place in which, and the occasion on which, the offence was committed.' The sanction which forms the subject of this application does not comply with these provisions of the law.

2. The second ground upon which we think this sanction ought to be revoked is this: The sanction was not given immediately upon the termination of the proceedings in which the question of the genuineness of the istifa or notice of relinquishment was raised. It was given when those proceedings had terminated, and by an order of a subsequent date, which virtually re-opened the matter. We think that when a sanction is applied for under circumstances of this nature, that is, after the termination of the proceedings in the course of which the offence is alleged to have been committed, the person against whom the sanction is applied for ought to have notice and have an opportunity of being heard, and that the proceedings ought not to be re-opened in this manner to his prejudice without giving him an opportunity of appearing and being heard. Under these circumstances, we revoke the sanction so far as regards the charge under Section 211. We understand that in this same record there is a charge against the petitioner under Section 500 of the Penal Code. That is an offence for the prosecution of which a sanction is not required, and, therefore, so far as regards that offence, we make no order.


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