SHRILAL Vs. MANMATH KUMAR MISRA

JUDGEMENT

(1.) This revision raises an interesting question of law relating to the interpretation of Section 197 of the Code of Criminal Procedure.

(2.) The material facts are briefly these. The petitioner Shrilal is a resident within the town municipality of Sikar. Opposite party No. 1 Man-math Kumar Misra is the chairman of the Municipal Board, Sikar. Opposite party No. 2 Shanti Swaroop Goyal was its executive officer at the material time. A dispute arose between the petitioner and the municipal board over the erection of a wall to which the municipal board objected, but, which according to the petitioner he had erected on his own land. On 18-3-1957, the board gave the notice to the petitioner to dismantle the wall. The petitioner did not comply with this order. Thereupon the board ordered the demolition of the wall (obviously by its own men) on 9-4-1957. In the meantime the petitioner had instituted a suit in the court of the Munsiff Sikar and obtained an interim order of injunction against the board restraining it from demolishing the wall. The petitioner's case is that this order was served on the Chairman, Manmath Kumar Misra, opposite party No. 1 at 11 a. m. on 10-41957, and yet this wall was demolished by the other accused and the respondents were a party to a conspiracy to demolish the petitioner's wall. Thereupon the petitioner instituted the complaint out of which this revision arises against respondents Nos. 1 and 2 and twelve others (with whom we are not concerned in this revision) under sections 447, 427, 120B and 147 I. P. C. in the court of the First Class Magistrate, Sikar.

(3.) An objection was raised on behalf of the respondents here that the Magistrate was ircom-petent to take cognizance of the case against them as no sanction to prosecute them had been obtained from the State in accordance with the provisions of Section 197 Cr. P. C., and without such sanction, their prosecution was illegal.