ARUN MATHUR Vs. M P POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THIS revision has been preferred for impugning the order dated 2. 7. 04 passed by Chief Judicial Magistrate, gwalior in criminal case No. 870/02 whereby the learned Magistrate has rejected an application filed on behalf of the petitioners under Section 197 of Cr. P. C and observed that there is no requirement of sanction before taking cognizance.

(2.) THE facts of the case, as admitted by both the parties are:

(3.) BEING public servants, the petitioners filed one application under Section 197 of criminal Procedure Code for discharging them on the ground that no cognizance can be taken against without sanction under section 197 of Criminal Procedure Code. Vide impugned order, the Same was rejected on the ground that provisions of Criminal procedure Code particularly Section 197 is not applicable. Hence, this revision.