This is a rule to show cause why the order of the Sessions Judge dated the 3rd December 1907 directing the prosecution of the Petitioners for an offence under sec. 211, I.P.C, should not be set aside.
The order of the Sessions Judge is as follows:—
“There can be no reasonable doubt that Dharmadas Kawar and Awlat Koyal instigated the chowkidar to lodge this Information. I direct that they be prosecuted under sec. 211, with Khetter Duby.”
The facts are that false information of the murder of a girl was lodged at the than a by a chowkidar named Khetter Duby. The Police made an enquiry and reported the case to be false. The Magistrate passed the following order:— “From the evidence on record it is clear that the girl died a natural death at her husband's place and I suspect that the girl's father-in-law having refused to give her ornaments to her father, the latter wanted to make a row, but the gomostha having intervened the ornaments were given to the girl's father and the enemies of the gomostha caught hold of this opportunity and induced the chowkidar to make a false report to the Police. The case shall be entered false and no processes shall be issued against the accused. In his information to the Polios however the chowkidar took all the responsibility upon himself. He shall therefore for the present be alone prosecuted under secs. 182 and 211, I.P.C”
The complainant Abdul Jabbar then applied directly to the Sessions Judge for sanction to prosecute the Petitioners Dharmadas Kawar and Awlat Koyal who, it is alleged, induced the chowkidar to give the false information to the Police.
The legality of the Sessions Judge's order is impugned on the grounds (1) that if it be a sanction under sec. 195(5), Cr. P.C, he had no jurisdiction to grant it, as no offence under sec. 211 had been committed in or in relation to any proceeding in any Court: (2) that if it be an order under sec. 476, Cr. P.C, it is bad for a similar reason and (3) that the order of the Sessions Judge is not in conformity with the provisions of sec. 195, sub-sec. (4), Cr. P.C These grounds must prevail. The offence, if any, was committed before the Police and not before any Court, or in the course of any judicial proceeding or of any proceeding in any Court. The Sessions Judge had therefore no jurisdiction to make it, either under sec. 115(A) or sec. 476, Or. P.C Further, in the order not the slightest attempt has been made to comply with the provisions of sec. 195, sub-sec. (4).
It is much to be regretted that more care is not taken by Judicial Officers in the granting of sanction to prosecute for offenoes against public justice. Much time and labour are at present wasted owing to easily avoided irregularities in the granting of sanctions.
We make the rule absolute and set aside the Sessions Judge's order as prayed.
B.C
Rule made absolute.
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