Munna Lal Chowdhry vs Padman Misser

Banerjee and Pargiter, JJ.—After hearing the learned vakils on both sides, we are of opinion that this Rule must be discharged on the simple ground that the application of the Petitioner, which is evidently an application under Sub-section 6 of Section 195 of the Code of Criminal Procedure, ought to have been made to the Commissioner of the Bhagalpur Division and not to this Court, regard being had to the provisions of Section 15 of Regulation V of 1893 and Sub-section 7, Clause (a) of Section 195 of the Code of Criminal Procedure. By Sub-section 6 of Section 195 any sanction given or refused under this section may be revoked or granted by any authority to which the authority giving or refusing it is subordinate; and Sub-section 7 says: "For the purposes of this section every Court shall be deemed to be subordinate only to the Court to which appeals from the former Court ordinarily lie that is to say, where such appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall Be deemed to be subordinate." That makes the Court of the Commissioner of the Bhagalpur Division the proper Court to which to make the application.

That being so, we cannot entertain the present application and the Rule must be discharged with costs.