Queen-Empress v. Ganga Ram And Another

Brodhurst, J.:— One of the grounds for revision is, that sanction under s. 195 of the Criminal Procedure Code should not have been given until the complainants had been afforded an opportunity of proving their case, which had been thrown out merely on the report of the police.

This objection is, I think, valid, and it is supported by the judgment of Garth, O.J, and Field, J., in The Government v. Karimdad. Under the circumstances above referred to, I set aside the Magistrate's order of the 25th July, 1885.