AIR 1935 PATNA 91

Patna High Court

Hon'ble Judge(s): Agarwala, Varma , JJ

(A) Penal Code (45 of 1860) , S.120B, S.420— Offence under S. 420 - No sanction is necessary - Prosecution cannot be compelled to frame charges which require sanction Criminal P.C. (5 of 1898) , S.196A— The offence under S. 420 is cognizable offence punishable with imprisonment for more than two years. Therefore, no sanction is necessary for a charge of this nature. One cannot compel the prosecution to get charges framed which require sanction :(Para 93C1) (B) Criminal Trial - Inquiry into one conspiracy disclosing another - Accused in sub sequent conspiracy not being accused in former - Former Court itself need not try case of accused. The inquiry into one conspiracy by the Court disclosed another conspiracy, some individual or individuals being common to both. But at the time of the trial, the name of one of the accused is the conspiracy disclosed did not occur as an accused, but he was a prosecution witness in the former case. Held : that such accused also need not be tried by the same Court for conspiracy :(Para 93C2) (C) Criminal Trial - Pardon - Person appearing as prosecution witness in one case - On inquiry into case, he impleade....