K PREMKUMAR Vs. RAJANGAM

JUDGEMENT

(1.) This revision filed by the petitioner who is the Deputy Superintendent of Police, Pandaloor Sub-Division, Nilgris is directed against the order in Cr. M.P. No. 3342 of 1995 in C.C. No. 224 of 1994 on the file of Judicial Magistrate No. V Tirunelveli dismissing the application filed by the petitioner for discharge under S. 245 of Criminal Procedure Code.

(2.) The only ground that was urged before the lower Court in the application for discharge is that, the complaint was not maintainable, since the prior sanction from the Government was not obtained before launching the prosecution under 197 of Criminal Procedure Code. This ground has been rejected by the lower Court on the ground that the question whether or not sanction is necessary would depend from the stage to stage and that it could be decided only after the trial is over.

(3.) Being aggrieved over this order, the present action has been resorted to by the petitioner by filing this revision before this Court. A few facts would be necessary to have clear picture aboutthe case.