PAWAN KUMAR Vs. RULDU RAM

JUDGEMENT

(1.) THE short question that falls for determination in this petition is as to whether the Magistrate could take cognizance of the offences under Sections 384/ 500/504, Penal Code, without the prior sanction of the competent authority (in this case, of the State Government) on a complaint filed before him by respondent Ruldu Earn.

(2.) TO appreciate the proposition posed above, a few relevant facts, as find mention in the complaint itself, need be taken notice of, which can be stated thus:

(3.) THE relevant portion of Section 197 of the Criminal P. C. , 1973, is in the following terms: