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Judgment
4 paragraphs · 153 wordsWe must hold that in this case a sanction is necessary and the offence cannot be tried in the absence of a sanction from the Court which tried Shelke and before which the evidence, which is now said to have been fabricated, was adduced.
The words "in relation to an offence" ins. 195 of the Criminal Procedure Code are wide enough to include evidence which was adduced before a Court and which was heard by the Court.
That has been the case here and this case falls within the line of the decision of this Court in In Re: Khanderao Yeshwant, . Following it we must hold that the trial is void in the absence of a sanction.
We, therefore, set aside the proceedings before the Magistrate and direct him not to try the case as he has no jurisdiction to try it for want of the requisite sanction.