N.K.Assumi (Advocate) 22 July 2010
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?
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.
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