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Judgment
2 paragraphs · 137 wordsAinslie, J.—We think the Deputy Magistrate was wrong to question the sanction given by the Magistrate. It was an order made by a superior Court, purporting to be made under a particular provision of law. Whether it was rightly or wrongly made was not for the subordinate Court to enquire into. The Deputy Magistrate was not sitting as a Court of appeal or revision to examine the mode in which the Magistrate of the district had dealt with the case in which he had sanctioned a prosecution u/s 211 of the Penal Code. He was bound to accept the sanction as valid, and leave the accused to question it before a competent Court, if so advised.
We cancel the order of the Deputy Magistrate, and direct him to try the accused on the charges before him.