M.N. Bhandari, J. - (1.) BY this criminal misc. petition, a challenge is made to the order dated 28th August, 2000 passed by the Judicial Magistrate (First Class), Weir, district Bharatpur so as the order date 08th February, 2007 passed by the Additional Sessions Judge, No. 2, Bayana, district Bharatpur. By the impugned orders, cognizance of offence was taken under Sections 147, 447 & 427 IPC.
(2.) THE challenge to the impugned orders is made in reference to Section 197 of Cr.P.C. It is submitted that sanction for prosecution was not taken before passing an order for cognizance of offence, though the petitioner's act was in discharge of duties. He is entitled to the protection of Section 197 of Cr.P.C. A reference of judgment of this case in the case of Mahendra Singh Rao v. State of Rajasthan & Anr. reported in : 2007(2) Cr.L.R. (Raj.) 1664 has been given. Therein also, the order of cognizance of offence was passed without sanction for prosecution. This Court held that Tehsildar cannot be allowed to prosecute in absence of sanction for prosecution. The petition to challenge the order of protection of Section 197 of Cr.P.C. was dismissed by the Court.
(3.) A reference of judgment of Hon'ble Apex Court in the case of N.K. Ogle v. Sanwaldas Alias Sanwalmal Ahuja reported in : (1999) 3 SCC 284 has also been given wherein also, a Tehsildar was involved and in absence of sanction for prosecution, as required under Section 197 of Cr.P.C., the prosecution was not allowed.;