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Judgment
The order of the Town Sub-Magistrate has no merits.
A judgment-debtor escaped in the night from the amin who had arrested him and the Subordinate Judge ordered the amin to prosecute. There is
no question here of sanction; the amin could have prosecuted without reference to the Subordinate Judge and the Subordinate Judge simply passed
the order departmentally to give the amin a chance of rehabilitating his character. Meanwhile the decree-holder complained. When his case came
up for trial the Court held that his complaint was incompetent and acquitted the accused. He was no doubt acquitted owing to the Sub-
Magistrate''s total misunderstanding of an Allahabad case which is not in Indian Law Reports. That case merely laid down that if a Civil Court
wishes to complain the Munsif must lodge a complaint or get one lodged and cannot merely send a report. The case adds nothing to Section 190,
Criminal Procedure Code. But none the less he was acquitted.
Then the amin lodged his complaint, and the accused pleaded autrefois acquit u/s 403, Criminal Procedure Code. The Magistrate refused to
entertain the plea because in Emperor v. Ambaji Dhakya I.L.R.(1928) B. 257 it has been held that a Court confronted with a complaint which
requires sanction under law and is not sanctioned is a Court not competent to try the case as contemplated in Section 403 (4), Criminal Procedure
Code. This ruling differs in terms from In re Ganapathi Bhatta I.L.R.(1911) M. 308 : 24 M.L.J. 463 and it is amazing that the Sub-Magistrate
should have gone for his law to Bombay. It is not necessary to discuss here which is the more correct ruling; because neither has any bearing upon
the present case, and anyhow the Magistrate was bound by the Madras ruling which he will be well advised to take as a safe guide.
In the present case, the decree-holder or any other person residing in India, was competent to complain, the Court was competent to try, and
the acquittal is an effective bar u/s 403, Criminal Procedure Code. The petition is allowed and the order is cancelled.