Judgment

RAGHUBAR DAYAL J. : This appeal by special leave is directed against the order of the High Court of Mysore rejecting the reference by the Sessions Judge, Shimoga Division, recommending the quashing of the commitment order of the Magistrate committing the accused to the Sessions for trail of offences under Ss. 307 and 326, I. P. C., on the ground that the Magistrate could not have taken cognizance of the offences without the sanction of the State Government in view of the provisions of Ss. 132 and 197 of the Code of Criminal Procedure.

2. The case against the appellant was started on the complaint of one Kenchappa who alleged that the Sub-Inspector and another person had severely beat one Thimma and that the Sub-Inspector, when forcibly taking away Thimma and requested by Kenchappa to excuse Thimma if he had misbehaved, wantonly fired from his revolver at Hanumanthappa and Shivalingappa. It is on this complaint that, after preliminary enquiry, the Magistrate committed Nagraj, the appellant, to the Court of Session for trail.

3. The facts of the incident, according to the appellant and the basis of the counter case, are these. The appellant was a Sub-Inspector of Police in the