Raghubir Singh vs Jogeshwar Tewary

We think that this rule must be made absolute. The Deputy Magistrate who tried the case having refused sanction to prosecute the present Petitioner, the Sessions Judge in the exercise of sound discretion should have called upon the Petitioner to show cause before granting sanction to his prosecution. It is quite possible that if the Sessions Judge had heard the Petitioner, the latter might have been able to convince him that the order of the Deputy Magistrate was a right one under the circumstances. We set aside the order sanctioning the prosecution of the Petitioner and direct the Sessions Judge to reconsider the application which was made by the other side after giving the Petitioner an opportunity of being heard.