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Judgment
As regards the sanction for prosecution u/s 182 I.P.C. neither the Police officer nor the Sub-Magistrate to whom the reports Ex. H and H, were
sent is a, subordinate of the Sessions Judge within the meaning Section 195 Clause 7 Criminal Procedure Code so that the Sessions Judge''s order
of sanction is ultra vires.
The same must be said of the order sanctioning prosecution for an offence u/s 193 I.P.C. in giving contradictory statements. It is necessary that
a Court granting sanction in such circumstances should be empowered to sanction prosecution in respect of each of the statements said to be
contradictory of each other. In the present case one of the two contradictory statements was made before the Sub-Magistrate in the course of a
local inquiry u/s 164 Criminal Procedure and for the reasons above indicated the Sessions Judge had no power to give sanction in respect of this.
The sanction is set aside; it is open to the Public Prosecutor to apply to the Sub-Magistrate for a fresh sanction in respect of the two statements
made before him.