Chennai Court September 1923 Judgments

Public Prosecutor Vs. Mari Mudali and ors.

Court: Chennai

Reported in: AIR1924Mad730

Krishnan, J.1. This is an appeal by the Government against the acquittal of the accused of an offence, under Section 245, Criminal Procedure Code by the Sub-Magistrate of Perundurai. The acquittal is based on the ground that no sanction had been produced under Section 195, Criminal Procedure Code, from the District Munsif, the complainant being the Village Munsif whose superior is the District Munsif. The complaint that he brought forward against the accused was for an offence under Section 183, Indian Penal Code. The Magistrate overlooked the fact that under Section 195, Criminal Procedure Code, sanction is not necessary, when as here the public servant against whom the offence has been committed is himself the complainant. In such cases as that, no sanction is necessary at all, under Section 195 Sub-section (1) Clause (a).2. An argument has been put forward by the learned Vakil for the accused, with reference to Section 1 of the Criminal Procedure Code, That Section says inter alia t...