Kali Charan Lal vs Basudeo Narain Singh

Maclean, C.J.—I think this rule must be made absolute. It is a rule obtained by the Petitioner who is a Sub-Inspector of Police against the grant of sanction by the Sessions Judge of Sahabad to prosecute him under sec. 195 of the Criminal Procedure Code for the alleged offence of having falsely recorded that the first information of some alleged offence was given to him at 9 p.m. in the evening of a certain day. The trying Magistrate refused this sanction and I think very properly refused it, but the Sessions Judge has granted it. It is a rule of this Court that sanction to prosecute is not usually granted unless there is a very reasonable chance of a conviction following. In this case, 1 think the chance of conviction would be very small. It is impossible to see what motive the Petitioner could have had for making the alleged false entry. No motive is suggested. In these circumstances, I do not think that the sanction ought to have been granted. In my opinion a sanction to prosecute under sec. 195 ought to be granted with great circumspection and care. If granted, it places in the hands of the person obtaining it a very powerful weapon, which the unscrupulous might use for the purposes of oppression or blackmail. The rule is made absolute.