Shaikh Asiruddin and Another vs Emperor

Das, J.—This application is directed against an order passed by the Sab-Divisional Officer of Sitamarhi sanctioning the prosecution of the petitioners u/s 476 of the code of Criminal Procedure for offences alleged to have been committed u/s 196, 471, 471/109 and 196/109, Indian Penal Code.

It appears to me, reading the affidavit which has been placed before me, that there is absolutely no evidence on the record to justify the conviction of the petitioners under the sections which I have just enumerated. It has been held by this Court in the case of Abdul Sattar v. Empsror 48 Ind, Cas, 894 : (1918) Pat 352 : 20 Cri, L. J. 94, that where there is no evidence on the record to show that the petitioner was guilty of any offence with which he is charged, the order for his prosecution is bad in law and should be set aside, Mr. Justice Mookerjee, in the case of Jadunandan Singh v. Emperor 4 Ind. Cas, 710 : 37 C. 250 : 14 C. W. N. 330 : 10 C. L. T. 534 : 11 Cri. L. J. 37, expressed the same view. He said: " The principle which should guide Courts in taking action u/s 195 or 476 is now well settled No sanction should be granted unless there is a reasonable probability of conviction." On the materials on the record I am of opinion that there is no reasonable probability of conviction and that, therefore, the order u/s 476 is bad, and I accordingly direst that the order sanctioning the prosecution be set aside and that no further proceedings be taken in the matter.