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(1947) 1 MLJ 129 (FC)
FEDERAL COURT
Present : Sir Patrick Spens, Chief Justice, Mr. Justice Zafrullah Khan and Mr. Justice Kania, XJ.
Case Number(s) : Crl. Appeals No. II and III of 1946.
Judgement Date :
Wednesday 11th of December 1946
| H.H.B. Gill (in Crl. Appeal No. II) and Anil Lahiri (in Crl. Appeal No. III.) | .....Appellant(s) | | Versus | | | The King-Emperor | .....Respondent(s) |
Government of India Act (1935), section 270(1) and Criminal Procedure Code (V of 1898), sections 197 and 238 — Consent under section 270(1) of the Government of India Act and section under section 197 of the Criminal Procedure Code for the prosecution of an army officer — Presecuion ending in acquitial — Revision ordered in appeal on amended charges — Fresh consent under section 270(1) of the Constitution Act and fresh sanction under section 197, Criminal Procedure Code — Necessity — Conviction under sections 120-B and 165, Penal Code, when the charge is under section 120-B read with section 161 — Legality — Procedure, if justified by section 238, Criminal Procedure Code.
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