955 INSC 61 , [1955 ]28 ITR941 (SC ), (1956 )I MLJ79 (SC ), [1955 ]2 SCR925 , ,MANU/SC/0071/1955Sudhi Ranjan Das#Vivian Bose#B. Jagannadhadas#Syed Jaffer Imam#N. Chandrasekhara Aiyar#5669SC7750Judgment/OrderAIR#INSC#ITR#MANU#MLJ#SCRN. Chandrasekhara Aiyar,SUPREME COURT OF INDIA2012-9-24Falsification of accounts,Offences Relating to Documents and to Property Marks,Public servant,General Explanations,Public servant and need of sanction to prosecute,Public servant,General Explanations,Notice.,Accused of any offence-Nature of offence,Prosecution of Judges and public servants,Conditions Requisite For Initiation of Proceedings,Validity,Prosecution of Judges and public servants,Conditions Requisite For Initiation of Proceedings,Government's absolute power to accord or withhold sanction,Prosecution of Judges and public servants,Conditions Requisite For Initiation of Proceedings,Validity,Prosecution of Judges and public servants,Conditions Requisite For Initiation of Proceedings,Accused of any offence-Nature of offence,Prosecution of Judges and public servants,Conditions Requisite For Initiation of Proceedings,Classification,Right to Equality,Fundamental Rights,Notice.,Suits by or against the Government or Public Officers in their official capacity,Suits in Particular Cases,Intentional dissemination of seditious matters,Security for good behaviour from persons disseminating seditious matters,Security For Keeping The Peace And For Good Behaviour,Protection against prosecution for acts done under preceding sections,Unlawful assemblies,Maintenance of Public Order and tranquillity,Constitution of India,Civil Procedure,Criminal Procedure,Indian Penal Code17060,16149,16167,16168,15899,16369,16910 -->

MANU/SC/0071/1955

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 67 and 68 of 1954

Decided On: 31.10.1955

Appellants: Matajog Dobey Vs. Respondent: H.C. Bhari

Hon'ble Judges/Coram:
Sudhi Ranjan Das, Acting C.J., Vivian Bose, B. Jagannadhadas, Syed Jaffer Imam and N. Chandrasekhara Aiyar

JUDGMENT

N. Chandrasekhara Aiyar, J.

1. These appeals come before us on special leave to appeal granted under article 136 of the Constitution against two orders of the Calcutta High Court dismissing Criminal Revision Petitions Nos. 559 of 1951 and 312 of 1952 preferred by the appellants respectively.

2. In Criminal Revision Petition No. 559 of 1951, the High Court (Harries, C.J. and Banerjee, J.) confirmed an order made by a Presidency Magistrate discharging the accused on the ground of want of sanction under section 197, Criminal Procedure Code.

3. In Criminal Revision Petition No. 312 of 1952, Lahiri and Guha, JJ. set aside an order made by another Presidency Magistrate that no sanction was required and they quashed the proceedings against the accused.

4. The incidents which gave rise to the two complaints are closely inter-related and can be set out briefly. In connection with certain proceedings pending before the Income Tax Investigation Commission it was found necessary to search two premises - 17, Kalakar Street and 36, Armenian of Street to inspect, take copies and secure possession of certain books, papers and documents believed to be in them. A warrant was issued by the Commission for this purpose in favour of four persons, namely, H.C. Bhari, A.D. De, A........