AIR 1921 ALLAHABAD 86(2)

Allahabad High Court

Hon'ble Judge(s): Gokul Prasad , J

*(A) Civil P.C. (5 of 1908) , S.115— Sanction to prosecute for false evidence-Judgment in appeal merely stating that application it rejected is material irregularity and revision lies Criminal P.C. (5 of 1898) , S.195— In an appeal against on order of sanction to prosecute the applicant for giving fasle evidence, the only judgment passed was. The application is rejected." Held that an order like this passed in a sanction for prosecution case, amounts to a refusal to consider the question and would amount to a material irregularity, *(B) Criminal P.C. (5 of 1898) , S.195— No documentary evidence-Pure question of oath against oath- Prosecution for giving false evidence must not be sanctioned. Where there was no documentary evidence on the record to support the statement of one party as against the other, and it was a pure question of oath against oath. Held that an order of sanction to prosecute for giving false evidence was not justified.