R K CHARAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 5-7-1984 passed by the Judicial Magistrate First Class Mandsaur in Criminal Case No. 72 of 1984 whereby he has held that sanction as contemplated under section 197 of the Code of criminal Procedure 1973 (for short 'the Code') is not necessary.

(2.) THE facts giving rise to the petition are these. The petitioner is a Town inspector of Police in the employment of the State of Madhya Pradesh.

(3.) IN exercise of powers under section 102 of the Code the Police Mandsaur had effected seizure of ornaments and silver from one Shobhalal. On 17-1-1984, the learned Chief Judicial Magistrate Mandsaur ordered that the property be returned to shobhalal on Supratnama on furnishing security in the sum of Rs. 10,000/ -. The petitioner did not comply with the order.