AI Structured Summary
Not yet generated for this judgment
Judgment
The District Munsif had the alleged offence u/s 186, Indian Penal Code, brought to his notice in the Course of the execution case No. 166 of
1911. He got such notice on the 18th July 1911
Execution proceedings are Judicial Proceedings; see Sheik Bahadur v. Eradatill Mellich (1910) 12 J.L.C. 45 We do not agree with the ruling in
Hara Charan Mukerjee v. King Emperor ILR (1905) C. 367 to the contrary. Execution case No. 166 came to an end on the 27th July 1911 when
it was dismissed. The learned District Munsif took action u/s 476 of the Crl. P. Code on the 25th November 1911 in the course of a different
judicial proceeding, namely, on an application (C. P. No. 594 of 1911) by the decree holder for grant of sanction to prosecute Counter-
Petitioners. We think that under the Full Bench ruling in Aiyakannu Pillai v. Emperor ILR (1908) M. 49 the District Munsif''s order u/s 476. Crl.
Procedure Code is illegal and should be set aside.
We think that, as a Court of Revision, we have power to pass the order-the proper order which the District Munsif ought to have made. We
therefore pass the proper order, namely, granting sanction to the decree-holder to prosecute the 2nd and 3rd petitioners (the first petitioner having
died) for the offence u/s 186 of the Indian Penal Code alleged to have been committed by them.