Queen-Empress vs Kuniyil Ram and Another

Section 203 of the Code of Criminal Procedure refers to the procedure of a Magistrate who has taken cognizance of a case, Section 196 of the

Code of Criminal Procedure debars a Magistrate from taking cognizance of certain offences unless sanction has been obtained. In form, no doubt,

the Magistrate before whom, in the present case, the complaint was preferred, purported to dismiss the complaint; u/s 203 of the Code of Criminal

Procedure. In substance what he did was to refuse to take cognizance of the offence on the ground that sanction to prosecute was necessary and

sanction had not been obtained.

In the Calcutta cases and in the Allahabad case to which our attention has been called Queen-Empress v. Adam Khan ILR 22 All. 106,

Nilratan Sen v. Jogesh Chundra Bhattacharjee ILR 23 Calc. 983 and Komal Chandra Pal v. Gour Chand Audhikari ILR 24 Calc. 286 the

Magistrate before whom the first complaint was preferred took cognizance of the alleged offence and after adjudicating upon the case, made an

order u/s 203 of the Code of Criminal Procedure.

These cases are clearly distinguishable from the present case.

We must set aside the acquittal and direct the Magistrate to deal with the appeal according to law.