HARIHAR CHOUBEY AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- As common question of law is involved in both the applications they have been heard together and with consent of the parties they are being disposed of by this common order.

(2.) The only question is to be decided as to whether the petitioners being Government servant are protected under the provisions of Section 197 of the Code of Criminal Procedure and, as such, taking cognizance of offence and issuance of process against them by the learned Magistrate without any prior sanction is vitiated in law.

(3.) One Kumar Vishwanath filed a complaint before the learned Chief Judicial Magistrate, Samastipur on 6-6-1998 alleging high handedness of these two officers and prayed for taking cognizance of offence under Sections 323, 452, 342, 500, 504, 387 and 120-B of the Penal Code. The learned Magistrate by his order dated 26-9-1998 took cognizance of the offence and issued process against the petitioners. Both the petitioners moved in Revision before the Additional Sessions Judge impugning the order taking cognizance but without success. In the present applications the petitioners have challenging both the aforesaid orders.