K V MUNUSWAMY MUDALIAR Vs. RAJARATNAM PILLAI

JUDGEMENT

(1.) I have had the opportunity of reading the judgments of my learned brothers who are more familiar with the practice of this Court than I am and with those judgments in general I agree. I have little to add.

(2.) I think it should be made clear that the fact that this Court sanctions a prosecution, is no intimation to the Magistrate that this Court thinks that there is a case to go to a Jury or that he thereby is in any way relieved from his duty of considering whether the accused ought to be committed for trial or not. This view is not at all inconsistent with the duty of this Court to refuse sanction, if it is clearly of opinion, on the evidence-before it, that no reasonable Jury should convict.

(3.) There is one matter in the judgment of my brother Coutts-Trotter, J., on which I wish to reserve the expression of my view until the matter directly arises, namely, whether the learned Judge was justified in ordering the document in question to be brought into Court on the application for sanction, and I must not be taken as expressing assent of the view that, in so doing, he was acting without jurisdiction.