Law:

Section:

ACT: Criminal Procedure Code (V of 1898), s. 556-" Personally interested", meaning of-Officer giving sanction to prosecute, whether disqualified from trying the case--Difference between sanction to prosecute and direction to prosecute. HEADNOTE: The question whether a Magistrate is "personally interested" in a ease within the meaning of s. 556, Criminal Procedure Code, has essentially to be decided the facts of each case. Where an officer as a District Magistrate exercising his powers under s. 7(1) of the Essential Supplies (Temporary Powers) Act, 1946, sanctioned the prosecution of a person for violation of ss. 3 and 7 of the Assam Food Grains Control Order, 1947, and the same officer as Additional District Magistrate tried and convicted the accused, and it was contended that as the officer had given sanction for prosecution he was "personally interested" in the case within the meaning of s. 656, Criminal Procedure Code, and the trial and conviction were therefore illegal: Held, that bymerely giving sanction for prosecution he did not become personally interested" in the case and the trial and conviction were not illegal. In both cases of sanction -and direction to prosecute, an application of the mind is necessary, but there is this essential difference that in the one case there is a legal impediment to the prosecution if there is no sanction and in the other case there is a positive order that the prosecution should be launched. For a sanction, all that is necessary for one to be satisfied about is the existence of a prima facie case. In the case of a direction, a further element that the accused deserves to be prosecuted is involved. Whether sanction should be granted or not may conceivably depend considerations extraneous to the merits of the case. But where a prosecution is directed, it means that the authority who gives the sanction is satisfied in his own mind that the case must be initiated. Sanction is in the nature of a permission, while direction is in the nature of a command. Gokulchand Dwarka Das v. The King (1948) 52 C.W.N. 325, Government of Bengal v. Heera Lall Dass and Others (1872) 17 W. R. Cr. 39, Queen Empress v. Chenchi Reddi (1901)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492