JOHN MARTIN SEQUEIRA Vs. LUJA BAI

JUDGEMENT

(1.) AS the petitioner was not "a party to the proceeding in the Court" in the case in which the alleged forged will was produced, no sanction for his prosecution was required. Therefore the Judge was not competent to entertain the application for sanction. Even if he had been, he should have named the person against whom the prosecution was to be directed, as there was no doubt about who that person was. Clause (4) of Section 195 of the Code of Criminal Procedure obviously applies only to cases where, at the time of granting sanction, the offender is uncertain or unknown.

(2.) THE sanction in this case must therefore be revoked.