JALPA PRASAD Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of one Jalpa Prasad, who was convicted in the Court of a Magistrate of an offence under Section 211 of the Indian Penal Code. The conviction has been maintained in appeal by the Sessions Judge.

(2.) Two questions have been raised on behalf of the applicant. It is contended in the first place that there is no evidence on the record to support the finding that the accused is the person who sent a certain written report, Exhibit A, to the Thana in which was contained an allegation against one Moinuddin that he had been concerned in a case of riot. The second question is whether or not the prosecution was maintainable in the absence of sanction with reference to the provisions of Section 195 of the Code of Criminal Procedure.

(3.) The facts alleged for the prosecution were as follows: