[1] The order of the Sub-Divisional Magistrate is absolutely illegal. He says "provided that Silam Ramudu s alibi which is supported by the Second Court witness Papanna Narasimham is found on investigation to be true, I sanction the prosecution of Parala Muneyya and Lingam Appayya for the offence of perjury and of Sikkala Papayya for presumably abetting them," No sanction can be granted of a provisional character in case certain conditions are satisfied in the future. It was the duty of the Magistrate before granting sanction to satisfy himself that there was, at the time of the order, a permit facie case against the petitioners here.
[2] We set aside the order.
In Re v.
In Re v.
(High Court Of Judicature At Madras)
No. | 13-12-1911
Advocate List
Bench
- HON'BLE MR. JUSTICE SUNDARA AYYAR
- HON'BLE MR. JUSTICE SPENCER
Eq Citations
- (1913) ILR 36 MAD 471
- 22 IND. CAS. 187
- LQ/MadHC/1911/340
Head Note
Criminal Procedure, 1973 — S. 195(1) — Sanction for prosecution — Conditional sanction — Held, sanction cannot be granted of a provisional character in case certain conditions are satisfied in the future — It was the duty of the Magistrate before granting sanction to satisfy himself that there was, at the time of the order, a prima facie case against the petitioners — Penal Code, 1860, Ss. 193 and 109
