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Elahi Bux Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in5Ind.Cas.721
AppellantElahi Bux
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 195, 476 - sanction to prosecute under sections 182, 211, indian penal code--departmental enquiry by district registrar--judicial proceeding. - .....prosecution of elahi bux (that is the petitioner) under sections 211 and 182 of the indian penal code sanctioned. summon elahi bux. sections 182 and 211 indian penal code. it is contended before us that this order for sanction, cannot be sustained. it is not clear from the record whether the district magistrate in making it purported to act under section 195 or section 476 of the code of criminal procedure. if he purported to act under section 195, then his sanction would be without jurisdiction as to section 182 of the indian penal code, inasmuch as he was not the public officer concerned or the public officer to whom he was subordinate, and, so far as the sanction related to section 211 of the indian penal code, it was equally without jurisdiction as there was no offence committed in.....
Judgment:

1. In this case a Rule has been issued calling on the District Magistrate to show cause why the order complained of should not be set aside on the grounds mentioned in the petition. The facts out of which this application arises are briefly these: The petitioner complained to the District Registrar of Noakhali against the Sub-Registrar of Chagalnaiya alleging that the Sub-Registrar had misappropriated Rs. 13 paid to him by the petitioner on account of fees for a commission. The District Registrar held an enquiry, as the result of which he came to the conclusion that the complaint was false. He then forwarded his report to himself as District Magistrate, when the following order was passed:

Read report of District Registrar. Prosecution of Elahi Bux (that is the petitioner) under Sections 211 and 182 of the Indian Penal Code sanctioned. Summon Elahi Bux. Sections 182 and 211 Indian Penal Code. It is contended before us that this order for sanction, cannot be sustained. It is not clear from the record whether the District Magistrate in making it purported to act under Section 195 or Section 476 of the Code of Criminal Procedure. If he purported to act under Section 195, then his sanction would be without jurisdiction as to Section 182 of the Indian Penal Code, inasmuch as he was not the public officer concerned or the public officer to whom he was subordinate, and, so far as the sanction related to Section 211 of the Indian Penal Code, it was equally without jurisdiction as there was no offence committed in or in relation to any proceedings in Court. Therefore, under Section 195 the District Magistrate had no jurisdiction to give sanction. It is equally manifest that he could not take action under Section 476, seeing that the alleged offence or offences cannot be said to have been committed before him or brought under his notice as a Court in the course of a judicial proceeding. The result is that the Rule must be made absolute and his order or sanction, whichever it may be, set aside.


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