RUDRAPPA Vs. GOWDA CHIGATERAPPA

JUDGEMENT

(1.) This revision petition is filed by accused 1 in C. C. No. 1273/50-51 on the file of the Additional I Clasa Magistrate of Davanagore. The respondent filed a complaint dated 16-10-50 for taking action against the accused for offencess under Sections 416 and 471, Penal Code., and Section 82, Registration Act. During the progress of the ease, on 21-3-1951 the petitioner filed an application in the trial Court under Section 195 (1) (c), Criminal P. C., stating that the complaint is incompetent without the previous sanction of the civil Court before which the offence is said to have been committed under Section 471, Penal Code. It is not disputed that merely a copy of the alleged forged document was produced in this case.

(2.) Lord Simonds, in a recent case before the Privy Council Sanmukh Singh v. The King, A. I. R. (37) 1950 P. C. 31, has observed as follows:

(3.) In the present case, the defendant consented to the decree with the result that neither the original was produced or acted upon ; only a copy of the impugned document was produced and the Court was not in a position to give any decision thereto. In the circumstances no sanction of the Court is necessary.