KALU Vs. PYARA

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Udai-pur, recommending that the order of the First Class Magistrate, Rajsamand dated 21. 9. 57 holding that the applicants are not entitled to the protection under sec. 197 Cr. P. C. be set aside.

(2.) THE facts which have given rise to this application are these. THE Village Panchayat Arni ordered the demolition of a platform which they found to have been built on a public way encroaching upon it. THE owner of the platform did not demolish it. THEreupon they themselves proceeded to demolish it along with some employees of the Panchayat. A complaint under secs. 148,440,454,390 and 500 I. P. C. was filed against them in the court of the learned Magistrate. THE applicants who are the accused persons filed an application claiming protection under sec. 197 Cr. P. C. THE learned Magistrate held that they were not entitled to such protection. He did not give any reason in support of his finding. THE learned Additional District Magistrate was of the opinion that they were so entitled and has consequently made this reference. He too has not given any reason in support of his recommendation. Sec. 197 Cr. P. C. runs as follows: - "197. (1) When any person who is a Judge within the meaning of sec. 19 of the India Penal Code, of when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of a State Government or the Central Government, is accused of any offence alleged to have been committed by him while acting or pur porting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction (a) in the case of a person employed in connection with the affairs of the Union, of the Central Government; and (b) in the case of a person employed in connection with the affairs of a State, of the State Government;"