CALCUTTA HIGH COURT

                                                     Gopinath

                                                         Vs

                                                  Kuldip Singh

                      (R Garth C.J. Prinsep and Wilson, JJ. Field and Kinealy, JJ.)

                                                   15.05.1885

                                                  JUDGMENT

R Garth C.J.

1. It appears that the charge against the accused with which we are now dealing was not made
under Section 193 of the Penal Code, but under Section 82 of the Registration Act. It is,
therefore, not necessary for the purposes of the case to consider whether, when in holding an
enquiry under that Act, the Registrar is acting as a "Court," within the meaning of Section 195 of
the Criminal Procedure Code. We have only to consider whether before instituting a charge under
Section 82, any sanction at all is necessary.

2. We are of opinion that no sanction is required. It has been contended that, under Section 83 of
the Registration Act, it is necessary that some one of the officers who are mentioned in that
section must have given previous permission to institute proceedings; but we think that it is not
so. The provisions of Section 83 are not obligatory. They rather seem to be intended for the
purpose of enabling the officers of the Registration Department, when they should see fit, to
institute any prosecution under the Act upon their own responsibility.