BIROO Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Second Additional Judge of Varanasi recommending that the conviction of Biroo and Munnoo under Section 323/34 I. P. C. and their sentences of on a month's rigorous imprisonment and a fine of Rs. 50/- each be set aside.

(2.) The facts giving rise to this reference may briefly be stated thus. On 29-1-1956 the two accused Biroo and Munnoo were alleged to have given a beating to one Bitan Banerji, Banerji thereafter made a report to the police. The officer-in-charge of the police station thought it desirable to seek permission of a Magistrate to investigate under the provisions of Section 155 Cr. P. C. He therefore put up a report before the Sub-Divisional Magistrate of Rasra. One Dr. P. Anandaraja was the Sub-Divisional Magistrate of Rasra at the time and all he did in the matter was to write on the police report a single word "Permitted". The police investigated the matter. Thereafter a charge-sheet was put in by the police against the two applicants on 12-2-1956.

(3.) The applicants were convicted and sentenced as indicated above. An appeal was filed, by the applicants against their conviction but the appeal failed. They went up in revision to the Judge at Varanasi and the learned Judge has now made a recommendation to this Court to set aside the convictions mainly on the ground that the sanction which had been accorded by the Sub-Divisional Magistrate Rasra. Dr. Anandaraja, was an invalid sanction,