JUDGMENT 1. This is a reference by the Presidency Magistrate of Calcutta under sec. 432, Cr. P. C., and the question upon which our opinion is asked is, whether the Court before which proceedings are instituted and by which process is issued, or the Court which tries the case on the merits is the proper authority to grant sanction under sec. 195 (b), Cr. P. C., to prosecute the complainant. Having regard to the object of the sanction required by law, which is to ensure that the prosecution should be instituted after due consideration on the part of the Court by which the case was tried or enquired into, we think it is the Court which tries a case on the merits, that is the proper authority to grant the sanction in question. The view, we take, is in accordance with that taken by this Court in Putiram Ruidas v. Mahomed Kasem 3 C. W. N. 33 (1895).