Himachal Pradesh Court October 1959 Judgments
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Sansar Chand Vs. Union of India (Uoi)
Court: Himachal Pradesh
Decided on: Oct-29-1959
Reported in: AIR1960HP19,1960CriLJ1450
ORDERT. Ramabhadran, J.C.1. In this revision petition against the order of the learned Sessions Judge of Chamba, rejecting certain contentions put forward by the petitioner, three points were urged by learned counsel. I shall deal with them, seriatim.2. (A) In the first place, Mr. Prithvi Raj contended that the sanction. Ex. P. S., accorded by the Lieutenant-Governor, Himachal Pradesh, under Section 198-B (3) (c), Cr. P. C., was invalid, since, in his view, after 1-11-1956, Himachal Pradesh became an Union Territory and the Lieutenant-Governor as Administrator, did not have the powers of a State Government. This point has been carefully considered by the learned Sessions Judge. On a careful perusal of Notification No. SCO 2536 dated 1-11-1956 and the previous Notification No. 2/1/56-Judl. II dated 15-2-1956, the conclusion is irresistible that under Section 198-B (3) (c), even after 1-11-1956, the Lieutenant-Governor was competent to accord sanction to the prosecution of the petitioner...
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