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N.K.Assumi (Advocate)     22 July 2010

Consent for inititation of proceedings?

Is it competent for the District Magistrate and Session Judge to give consent under section 196 CrPc as a District Magistrate for initiation of Procedings in an offence under Section 120B IPC and try the case himself as a Session Judge? Does it not amount to becoming a witness in his own case?



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 2 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     23 July 2010

Giving "consent" or granting "sanction" is the function of governemt/executive.

"District magistrate" means collector and sessions Judge has no role to play in the matters of government/executive function.

WHATSAPP 91-8075113965 (advocate)     25 July 2010

mr.ramesh is absolutely right.

giving consent is an executive function only.

judiciary has nothing to do in it.sanction may be given by central govt./state govt. as the case may be. different statutes and different sections  require such sanctions also.

sec 197 crpc says about general sanction required to prosecute a public servant.

salilkumar.p

advocate

thalassery-670101

9447536929

advocatesalil@gmail.com


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