High CourtsDivision Bench(1912) 04 MAD CK 0017

Bhimaraja Venkateswarulu vs Moova Bapulu

Madras High Court · Decided on 30 April 1912 · Citation: 15 Ind. Cas. 320

HON’BLE JUDGES
Sadasiva Aiyar, J · Miller, J

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Judgment

5 paragraphs · 111 words
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 u/s 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.