RAM SARAN SINGH Vs. CHANDRA MOHUN SAHA

JUDGEMENT

(1.) This was a Rule issued by my learned brothers Mr. Justice Walmsley and Mr. Justice Suhrawardy calling upon the opposite party to show cause why the period of the sanction should not be extended.

(2.) The rule was granted on the 3 April 1922, on an application supported by an affidavit which was affirmed on the 27 February, 1922.

(3.) It appears that the petitioner instituted a suit against one Chandra Mohun Saha and others for rent. It was tried by the Subordinate Judge of Comilla, who gave judgment in favour of the petitioner. Certain rent-receipts had been put in evidence by the defendants and the learned Judge held that the rent-receipts were forgeries. An application was made by the petitioner to the learned Judge for sanction to prosecute the defendants and some of their witnesses under Section 195 of the Criminal P. C., and on the 13 of June, 1921, sanction was given by the learned Subordinate Judge. An application to revoke the sanction was then made by the defendants to the District Judge. The learned District Judge; after making a small variation in the order of the learned Subordinate Judge, dismissed the application to revoke the sanction and his judgment was given on the 26 September, 1921.