Kanhaiya Lal vs Bhagwan Das on 10 June, 1925
11. The petitioner has drawn my attention to the obiter dictum of a single Judge in Kanhaiya Lal v. Bhagwan Das:
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Nambia Pillai vs Sudalaimuthu Nadan And Ors. on 1 February, 1923
7. Here the observations in Nambia Pillai v. Sudalaitnuthu Nadan (1923) M.W.N. 276 are pertinent:
Mahomad Ibrahim Ravuthar vs Kattayan Alias Arokia Udayan on 15 April, 1915
In Mahomed Ibrahim v. Kattayan it is observed that it makes no difference whether the criminal prosecution is sanctioned or is one which may be launched in exercise of private right, without sanction. A sanction is at any rate the guarantee of an independent third party that the prosecution is not frivolous, and a mere move in the civil game. When a party has good reason to believe that he has been cheated by grave crime, if it is not his public duty, it is undoubtedly his private right to resort to the Criminal Court and I should hesitate to describe his action as precipitant.
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