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Judgment
2 paragraphs · 143 wordsDas, J.—The proceedings against the petitioner must be quashed. In granting the sanction for the prosecution of the petitioner, the Court has proceeded merely on the police report. It has not given any opportunity to the petitioner to prove his case. There are abundant authorities for the view that the Magistrate does not exercise a proper discretion in ordering a complainant to be prosecuted under S. 211, I.P.C, merely on the receipt of a police report that the complaint is false; and the authorities lay down that the complainant should be given a reasonable time and full opportunity to prove his case before sanction is given for his prosecution.
The proceedings against the petitioner must be quashed. If the Magistrate thinks it necessary, he will give an opportunity to the complainant to prove his case and then proceed in accordance with law.