The Empress Vs. Irad Ally, Accused - Court Judgment

Excerpt:

sanction to prosecution under section 182 and all of the pencil code - power of deputy magistrate to question sanction. - ainslie, j.1. we think the deputy magistrate was wrong to question the sanction given by the magistrate. it was an order made by a superior court, purporting to be made under a particular provision of law. whether it was rightly or wrongly made was not for the subordinate court to enquire into. the deputy magistrate was not sitting as a court of appeal or revision to examine the mode in which the magistrate of the district had dealt with the case in which he had sanctioned a prosecution under section 211 of the penal code. he was bound to accept the sanction as valid, and leave the accused to question it before a competent court, if so advised.2. we cancel the order of the deputy magistrate, and direct him to try the accused on the charges before him.