1. It appears that the charge against the accused with whichwe are now dealing was not made under Section 193 of the Penal Code, but underSection 82 of the Registration Act. It is, therefore, not necessary for thepurposes of the case to consider whether, when in holding an enquiry under thatAct, the Registrar is acting as a "Court," within the meaning of Section195 of the Criminal Procedure Code. We have only to consider whether beforeinstituting a charge under Section 82, any sanction at all is necessary.

2. We are of opinion that no sanction is required. It hasbeen contended that, under Section 83 of the Registration Act, it is necessarythat some one of the officers who are mentioned in that section must have givenprevious permission to institute proceedings; but we think that it is not so.The provisions of Section 83 are not obligatory. They rather seem to beintended for the purpose of enabling the officers of the RegistrationDepartment, when they should see fit, to institute any prosecution under theAct upon their own responsibility.

.

Gopinath vs. KuldipSingh and Ors. (15.05.1885 - CALHC)