Kolkata Court December 1909 Judgments

Teni Shah Vs. Bolahi Shah

Court: Kolkata

Reported in: 5Ind.Cas.879

1. This is a rule calling upon the Chief Presidency Magistrate to show cause why the order of the Second Presidency Magistrate summoning the petitioner should not be set aside on the ground that the sanction required by Section 195, Clause (c) of the Criminal Procedure Code, has not been obtained. The complainant made a complaint against the petitioner under Section 467 in respect of forgery of a document which had been produced at the hearing of a case tried on the Original Side of this Court. But he did not obtain sanction of the Court before he took proceeding against the petitioner.2. Now the question which we have to consider is whether sanction is necessary. It has been argued that it was not, because the forgery is alleged to have been committed before the document was produced in the High Court. But Section 195 provides that no Court shall take cognizance without sanction of any offence described in Section 463 or punishable under certain other sections when such offence has be...