ATUL CHANDRA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) ON a motion filed by the two accused Atul Chandra Gautam and Manindra Chandra Dev Varma, the learned Sessions Judge, Tripura has referred the case under Section 438, Criminal Procedure Code with recommendation that proceedings against the accused in case No. 77 Chhang of 1950 pending in the Court of Sri S. C. Kar, Magistrate Khowai, be quashed on the ground that the Magistrate could not proceed with the case under Section 161, I. P. C. without proper sanction as required by Section 6 of the Prevention of Corruption Act of 1947 (Act II of 1947).

(2.) I have gone through the record of the case as also the explanation given by the Magistrate.

(3.) THE learned Sessions Judge has made the following observation in recommending this motion :