- (1.) Heard learned counsel for the applicant and learned AGA.
(2.) I have perused the order of learned Chief Judicial Magistrate, Orai dated 30-6-1984 and I do not find any infirmity orillegality in the above said order.
(3.) It has been contended before me by the learned counsel for the applicant that the act of the applicant is squarely covered by the provision of Section 197, Cr. P.C. For ready reference the provision is being quoted as under :"When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting 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 who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government.(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government.(Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of Article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government".);