Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, from the judgment of the High Court of Gujarat dated July 29, 1964 in Criminal Revision No. 385 of 1963.

2. On March 14, 1961 respondent No. 1 filed a complaint against the appellant who was officiating in the post of Divisional Operating Superintendent. Western Railway, Rajkot. It was alleged in the complaint that the appellant had committed offences under Ss. 166, 167 and 182, Indian Penal Code. The appellant objected before the trying Magistrate that the complaint under S. 182, Indian Penal Code by a private person was barred under S. 195 (1) (a) of the Code of Criminal Procedure and that as the alleged acts of the appellant were said to be done in is official capacity and in discharge of his official duty and as the appellant was a public servant not removable from his office save with the sanction of the Central Government the complaint was not maintainable in the absence of sanction of Central Government under S. 197 of the Criminal Procedure Code and the Magistrate was not competent to take cognizance of the offences under Ss. 166 ad 167, Indian Penal Code. The objections were overruled by the Judicial Magistr