THIMMAIAH AND Vs. TNARASAPPA

JUDGEMENT

(1.) This is a Revision Petition preferred by the petitioners-accused 1 and 2 against the order of the learned District Magistrate, Chickmagalur in Cr.R.P. 8 of 1954, setting aside the order of the. learned Special Second Class Magistrate, Tarikere in C. C. 25/54 holding that sanction of Government to prosecute these petitioners was necessary under Section 197, Cr. P. C.

(2.) The facts that have given rise to this petition are briefly these:

(3.) Petitioners 1 and 2 are accused 1 and 2 and the respondent is the complainant in C. C. 25/54 on the file of the Special Second Class Magistrate, Tarikere. The complainant is a hotel-keeper at Kadur. The petitioners are President and Vice-president respectively of the Kadur Town Municipal Council. A-3 to A-10 are the employees in the said Municipality. Accused 11 and 12 are the Police Constables working at Kadur. The Respondent-complainant's petition was that on 16-5-1953 the said accused persons trespassed into his hotel and committed theft of moveables worth Rs. 150/-. The learned Magistrate referred the complaint to the police under Section 156, Cr. P. C. and the Police submitted a 'B' report. Anyway, the complainant undertook to prove the case and the case was taken on file. The accused took a preliminary objection stating that the Court had no jurisdiction to take cognizance of the complaint as against A-l and A-2 inasmuch as no sanction of Government as contemplated under Section 197, Cr. P. C. was obtained by the complainant to prosecute them. The learned Magistrate upheld this contention and the proceedings against the present petitioners were dropped. The complainant took this order in revision to the District Magistrate, Chickmagalur who set aside the order of the trial Magistrate holding that no sanction of Government was necessary to prosecute them. As against that order, the present petitioners have come up in revision.