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1957 Supreme(Ker) 341

SANKARAN, P.T.RAMAN NAYAR
State of Kerala – Appellant
Versus
Balagangadharan Nair – Respondent


Judgment :-

1. These appeals and connected revisions by the State, arise out of five cases where motor drivers in Government employ (four in the State Transport Department and the fifth, the accused person concerned in Criminal Appeal 101 of 1957, in the Excise Department) were separately tried for offences resulting from rash or negligent driving. At different stages of the proceedings the accused persons concerned raised the question of sanction under S.197 Criminal Procedure Code, & the trial courts have thrown out the cases deciding this question in favour of the accused. In four of the cases, orders of acquittal have been pronounced. In the fifth, namely the case concerned in Crl. Appeal 85 of 1957, there is only a bare dismissal. It is apparent that the so-called acquittals are not acquittals properly speaking and are mere refusals to take cognizance of the offences for want of the requisite sanction, the cases being consequently struck off the file. The proper remedy against this striking off lies in revision rather than in appeal, and by way of abundant caution the State has filed appeals as well as revisions in four of the cases although in the one case, where there was no

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