SOM BHAI Vs. MOHAN LAL

JUDGEMENT

(1.) This revision is directed against an order dated 8.3.1983 passed by Judicial Magistrate, First Class, Balod in Criminal Case No. 285 of 1982.

(2.) The facts relevant for disposal of this revision are as under:The present applicant had filed a complaint against the non-applicants. The trial Magistrate after examination of the complainant and his witnesses issued process against the non-applicants for offences under sections 166, 413, 419, 465, 468 and 120-8 of the I.P.C. The non applicants after appearing before the Court below raised an objection about want of sanction under Section 197 of the Code of Criminal Procedure (hereinafter referred to as the CodeTT). The order-sheet dated 26.5.82 of the trial MagistrateTs record indicates that both on behalf of the complainant as also on behalf of the accused copies of some orders of the courts in civil proceedings were also filed. The trial Magistrate by an order dated 4.6.1982, for the reasons mentioned in that order, refused to decide application of the accused at that stage inter alia holding that it shall be decided after when the facts have come on record. Aggrieved by this order, the accused persons filed a revision (Criminal Revision No. 517 of 1982) in this Court. That revision was allowed by a learned judge of this Court by order dated 5.1.1913 with the direction to decide the objection of want of sanction under section 197 of the Code.

(3.) Learned trial Magistrate in pursuance of the direction given by this Court in the aforesaid criminal revision, by the impugned order dated 8.3.83 held that sanction under Section 197 of the Code was necessary and so for all practical purposes he dismissed the complaint.