Judgment

GROVER, J.- The sole point for decision in this appeal by special leave is whether a complaint which had been filed against the appellant and four other persons by the respondent for various alleged offences could be entertained without necessary sanction being obtained for the prosecution of the appellant, who at the material time, was the Deputy Superintendent of Police, under Section 197 of the Criminal Procedure Code.

2. The original complaint is not before us as it has not been included in the appeal record but the allegations contained therein are given in the judgment of the learned judicial Commissioner. The complainant alleged that on March, 5, 1966 at about 4 P. M. accused Nos. 2 to 5 who were hawkers by profession and some other persons attempted to trespass on his land in Margao town with the intention of putting up stalls there. The complainant having been threatened by them, sent his brother to the police station. The police came and asked the hawkers to keep their handcarts at the place where they were kept before. Later on at about 5-30 P. M. the appellant came to the spot and spoke to the complainant in a very arrogant tone. The appellant informed the compla