1949 (11) TMI 20

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....l by the 1st Appellant to the High Court at Bombay was dismissed on 20th March, 1947. It appears from the judgment of Stone, C. J., that there were two grounds of appeal first, that the whole proceedings were invalid because no sanction had been given under sec. 197 of the Criminal Procedure Code and secondly, an appeal on the facts. The-2nd Appellant did not appeal to the High Court, but notice of enhancement of sentence was given to him and his sentences was increased on 26th March 1947. 2. On 21st April, 1947 a petition for special leave to appeal was lodged by the 1st Appellant In this petition no reference was made to anything which has occurred before 15th March, 1944, when the charge against the Appellant was framed by the Chief P....

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....ur Petitioner jointly with him for abetment of the offence alleged to have been committed by the said Zutshi was also illegal and that the conviction and sentence passed upon your petitioner should be set aside. 4. On this petition leave to appeal was granted by Order in Council of 11th June, 1947. 5. When leave to appeal was granted to the Appellants It was still an open question whether sanction under sec. 197 of the Criminal Procedure Code was necessary before a public servant could be prosecuted for an offence under sec. 161 of the Indian Penal Code. It has now been settled by their Lordships' judgment in Gill v. The King (75-1.A.41) that sanction is not necessary and accordingly the Appellants cannot succeed on the grounds of....