RAMCHANDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 561-A of the Code of Criminal Procedure, 1898 by the petitioner for setting aside an order passed by the Sub-divisional Magistrate, Darbhanga Sadar on the 10th of October, 1972, dismissing his complaint petition filed against the Superintendent of Police, Yogendra Nath Srivastava, Major (name not know), police line Iaheriasarai, and Sergeant Major (name not known), police line, Iaheriasarai on the 30th of August 1972. He had filed a petition in the court of the Sub-divisional Magistrate, Darbhanga Sadar to keep the petition of complaint pending till he was able to obtain sanction of the Government.

(2.) It appears that on the 12th of October, 1972, the learned Sub-divisional Magistrate passed the impugned order, in which he has stated that the petitioner had filed petition that steps were being taken for obtaining Government sanction for the prosecution and the case was adjourned and a long date was given. But as no sanction order had been obtained, as required under Section 197 of the Code of Criminal Procedure, the complaint petition was dismissed on that account. Being aggrieved by the order this application under Section 561-A of the Code has been filed for setting aside the order dismissing the complaint.

(3.) There is a clear provision in the Code of Criminal Procedure for making an application under Section 436 in case a petition of complaint is dismissed under Section 203 of the Code.