KAILASHCHANDRA Vs. HARBANS SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 30-9-82 passed by the Chief Judicial Magistrate, Dhar in Criminal Case No. 499 of 1982 holding that for want of sanction under S.197(1)(b) of the Cr.P.C., 1973 (for short 'the Code') cognisance of offences cannot be taken against the non-applicant Harbans Singh Chhabra, Tahsildar Badnawar, District Dhar.

(2.) The circumstances giving rise to the petition are these. The applicant filed a criminal complaint against the non-applicant Harbans Singh and three others for action under the Code in respect of offences under Ss. 448,'219, 219/109, 506 and 427/34, I.P.C. on the ground that the said Harbans Singh in collusion with the other co-accused persons -unauthorisedly issued a notice to him to close the ' ventilator of his residence and despite being told that under the M.P.L.R. Code, 1959, he had no jurisdiction to deal with the matter, got the said ventilator closed.

(3.) On service of summons, the non-applicant Harbans Singh rabed a preliminary objection as to want of sanction as required under S.197(1)(b) of the Code against cognizance of offences being taken against, him. The learned trial Magistrate sustained the objection and hence this revision.