Penal Code, 1860–Secs. 166, 167, 193, 195 & 196–Prosecution under –Maintainability–Petitioner conducted the investigation in a criminal case–Accused was acquitted because the witnesses turned hostile–Prosecution of petitioner for the offences u/ss. 193, 195 & 196, could have only been filed by the Court in relation to which the offences were committed–Respondent complainant was not entitled to file the complaint–Further if it is assumed that the petitioner wrongly recorded the statements u/s. 161, still the prosecution sanction was required to be obtained–Impugned order of taking cognizance is liable to be set aside.
