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Kolkata Court October 1905 Judgments

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Oct 18 1905

Emperor Vs. Molla Fuzla Karim

Court: Kolkata

Decided on: Oct-18-1905

Reported in: (1906)ILR33Cal193

Woodroffe and Mookerjee, JJ.1. This is a Reference under Section 432 of the Criminal Procedure Code by the Third Presidency Magistrate. It is alleged that the petitioner obtained a fraudulent decree in the Small Cause Court in a suit which was tried by Mr. Dobbin, the Registrar of that Court. As that officer subsequently left this country on leave, an application was made to the Officiating Chief Judge of the Small Cause Court for sanction to prosecute the petitioner under Sections 209 and 210 of the Indian Penal Code, The learned Chief Judge inquired into the matter and took evidence, and arrived at the conclusion that a strong case had been made out for the prosecution, which was subsequently, on his sanction under Section 195 of the Criminal Procedure Code, instituted. The Magistrate in making the Reference states that on behalf of the accused certain points of law have been raised with reference to the validity of the sanction given by the Chief Judge, and that, if this Court is of...


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