Gujarat Court April 1951 Judgments

Ratilal Bhagwanji Vs. State

Court: Gujarat

Reported in: 1953CriLJ926

Shah, C.J.1. This revision application involves a question of the validity of a sanction to prosecute and is filed against an order of the Sessions Judge, Sorath, setting aside the order of discharge passed by the First Class Magistrate, Junagadh, and directing that the trial of the accused should be proceeded with according to law. The applicant Ratilal Bhagvanji was a head-clerk and accountant in the office of the Chief Medical Officer of Junagadh and he was prosecuted for certain offences of criminal breach of trust, cheating, forgery etc., under a sanction obtained from the then Administrator of Junagadh State. This sanction was held to be invalid by the Magistrate, Mr. Kikani, since it had not been signed by His Highness the Rajpramukh and the accused was thereupon discharged, A sanction was subsequently given by His Highness the Rajpramukh on 11.10.1949 and same was later amended by an order dated 8.2.1950, by which the sections of the Junagadh State Penal Code were substituted b...