In Re: Para Subba Naidu and Three ors. - Court Judgment

Excerpt:

- orderjackson, j.1. it must be held that a village court executing under section 48 of act i of 1889, a decree by way of distraint is a village court as defined in the act, and the village munsif if he himself distrains is still acting as judge of that court. therefore, sanction for his prosecution is necessary under section 197 of the code of criminal procedure.2. the petition is therefore allowed as regards accused no. 2.

Judgment:

ORDER

Jackson, J.

1. It must be held that a village Court executing under Section 48 of Act I of 1889, a decree by way of distraint is a village Court as defined in the Act, and the village munsif if he himself distrains is still acting as Judge of that Court. Therefore, sanction for his prosecution is necessary under Section 197 of the Code of Criminal Procedure.

2. The petition is therefore allowed as regards accused No. 2.