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1901 DIGILAW 44 (CAL)

Abu Sarkar v. Chengu Sarkar

1901-04-17

body1901
JUDGMENT 1. It appears that an information was lodged by the Petitioner in the thanah, accusing certain persons of certain offences under the Indian Penal Code. That matter was investigated by the Police and declared to be false. There was a judicial inquiry by the Deputy Magistrate. He came to the same conclusion, and gave sanction generally to the accused to prosecute the Petitioner. This rule was therefore applied for by the pleader on behalf of the Petitioner who laid the information at the thanah, calling upon the Magistrate to show cause why the sanction so granted by the Deputy Magistrate for the prosecution of the Petitioner under sec. 211 of the Indian Penal Code should not be revoked, and the Magistrate directed to determine the complaint of the Petitioner in accordance with law, or why such other order should not be made as to this Court may seem fit and proper. We have heard the pleader and read the explanation submitted by the Deputy Magistrate. 2. Having regard to the case of Baperam Surma v. Gouri Nath Dutt I. L. R. 20 Cal. 474 (1892), it appears to us that the sanction which has been granted by the Deputy Magistrate to the accused generally is of an indefinite character and prejudicial to the Petitioner. It is open certainly to some of the objections pointed out by Mr. Justice Pigot in the case we have referred to. 3. As regards the first ground mentioned in the rule, namely, why the complaint of the Petitioner should not be determined, it is necessary to observe that there was no complaint by him at all, and this is admitted by the pleader who appears for him in support of the rule. What was done by him was to lay an information in the thanah, and that investigation was held on that basis. We think that the best course in this case will be to revoke the general sanction granted by the Deputy Magistrate, leaving it open to any one of the accused, who might consider himself aggrieved by the information laid by the Petitioner to apply for sanction on his own account to prosecute the Petitioner under sec. 211 of the Indian Penal Code ; and we order accordingly.