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1927 Supreme(Mad) 513

DEVADOSS
Damarla Subbiah – Appellant
Versus
Muhummad Mastan Sahib – Respondent


ORDER

Devadoss, J.

1. This is an application to revise the order of the District Magistrate of Guntur that no sanction of Government under Section 197, Criminal P.C., is necessary for the prosecution of the president of the panchayat Court. The learned Public Prosecutor informs me that the District Magistrate has written to him to say that this sentence is a clerical error which has crept into his order. It cannot be said to be a clerical error because a whole sentence with a definite opinion is embodied in the order. Evidently the District Magistrate did not mean to pass the order. It was probably an expression of opinion by him which was by mistake embodied in the order drawn up and which was afterwards signed by some officer for the District Magistrate. Seeing that the District Magistrate clearly says that he never intended to pass this order, it cannot be taken to be his order. But inasmuch as a copy of the order has been given to the petitioner the only proper course would be to quash this portion of the District Magistrates order which is said to be due to a clerical mistake. The mischief of this unfortunate clerical mistake has been the reason of the Sub-Divisional Magistrate

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