Putiram Ruidas vs Mahomed Kasem

This rule was granted in the following terms : "Let a rule issue to the Magistrate to show cause why the sanction for prosecution granted by the Honorary Magistrate should not he revoked upon the ground that such sanction could only have been given by the Court to which the original complaint had been made." It appears from the terms of that. rule that the learned judges who granted it '' were of opinion that'' the sanction which had been granted was in respect of something which had happened in Court, either before the Honorary Magistrate of Sealdah, or before the Deputy Magistrate of Sealdah who made over the case to the Honorary Magistrate for trial, and it seems to us that, under sec. 195 of the Criminal Procedure Code, supposing that any sanction was necessary, it would be that of the Honorary Magistrate who inquired into the case and therefore upon that ground this rule ought to be discharged.

It appears, however, that sanction has really been granted by the Honorary Magistrate to prosecute the Petitioner for bringing a false charge against Mahomed Kasem and others before the Balliaghatta Police, but that was not an offence " committed in or in relation to any proceeding " in his Court, and therefore it seems to us that no sanction-from the Honorary Magistrate was necessary, and upon that ground we think we ought to set it aside, observing at the same time that we see no reason why the prosecution should not proceed without any sanction whatever, the offence having been committed in the laying of a criminal charge before the police, that charge having now been enquired into judicially, and the enquiring Magistrate being of opinion that it is a fit case for the prosecution of the Petitioner.