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High ' Magistrate dismissed the complaint for Courts are not at
one on the matter, but want of sanction as required by S 195 (l)
that authority dealt only with a case ( &) The District Magistrate,
however, falling under S 195 (l) (c) while holding that that order
was correct It is further urged before us by learned as regards
the original complainant, counsel for the petitioners that that
pre ordered the Magistrate to proceed with cedent is in no way
wrong This being the complaint in respect of the remaining so,
two points only arise It is urged five They, therefore, moved this
Court that the sanction granted by our brothef in revision to set
aside the order of the Heald was wrong, or without jurisdiction,
District Magistrate That application because he included, in the
alternative, , came before our brother Heald and, in the S 120-B
We do not consider it course of his order, he came to the conclu
necessary to deal with the point at sion that a prima facie case
existed, and any length Even if the reference to that, while it
was correct that this prose S 120-B is struck out, our learned
bro cution could not proceed in the absence ther had jurisdiction
to lay a complaint,1 of a complaint, he was of opinion that it
was necessary, for the ends of justice, that the accused should
be* proceeded against, aiid he thereupon passed am order ordering
(1)
2
AIR 1925 Rang 28
All India Reporter, Rangoon
Myanmar
Cases Referring to this Case
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