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PETITIONER: RAMESHWAR BHARTIA
Vs.
RESPONDENT: THE STATE OF ASSAM
DATE OF JUDGMENT: 23/10/1952
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA BHAGWATI, NATWARLAL H.
CITATION: 1952 AIR 405 CITATOR INFO : F 1976 SC 680 (3)
ACT: Criminal Procedure Code (V of 1898), s. 556-" Personally interested", meaning of-Officer giving sanction to prosecute, whether disqualified from trying the case--Difference between sanction to prosecute and direction to prosecute.
HEADNOTE: The question whether a Magistrate is "personally interested" in a ease within the meaning of s. 556, Criminal Procedure Code, has essentially to be decided the facts of each case. Where an officer as a District Magistrate exercising his powers under s. 7(1) of the Essential Supplies (Temporary Powers) Act, 1946, sanctioned the prosecution of a person for violation of ss. 3 and 7 of the Assam Food Grains Control Order, 1947, and the same officer as Additional District Magistrate tried and convicted the accused, and it was contended that as the officer had given sanction for prosecution he was "personally interested" in the case within the meaning of s. 656, Criminal Procedure Code, and the trial and conviction were therefore illegal: Held, that bymerely giving sanction for prosecution he did not become personally interested" in the case and ...