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1955 Supreme(SC) 93

B.JAGANNATHA DAS, N.CHANDRASHEKAR AIYAR, S.R.DASS, SYED JAFAR IMAM, VIVIAN BOSE
Matajog Dobey: Nand Ram Agarwala – Appellant
Versus
H. C. Bhari: H. C. Bhari – Respondent


Advocates:
C.K.DAFTARY, C.P.LAL, P.G.COKHALE, PARAS A.MEHTA, S.C.ISAACS

Judgement

CHANDRASEKHARA AIYAR,J.: These appeals come before us on special leave to appeal granted under Art. 136 of the constitution against two orders of the Calcutta High Court dismissing Criminal Revision Petitions Nos. 559/51 and 312/52 preferred by the appellants respectively.

2. In Criminal Revision Petition No. 559/51, the High Court (Harries C. J. and Banarjee J.) confirmed an order made by a Presidency Magistrate discharging the accused on the ground of want of sanction under S. 197, Criminal P. C.

3. In Criminal revision Petition No. 312/52, Lahiri and Guha JJ., set aside an order made by another Presidency magistrate that no sanction was required and they trate that quashed the proceedings against the accused.

4. The incidents which gave rise to the two complaints are closely inter-related and can be set out briefly. In connection with certain Proceedings pending before the Income-tax Investigation commission it was found necessary to search two premises. - 17, Kalakar Street and 36, Armenian Street to inspect, take copies and secure Possession of certain, books, papers and documents believed to be in them. A warrant was issued by the Commission for this purpose in favour o




































































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