Judgment

DUA, J.:- In this appeal by special leave arising out of a complaint filed by the respondent Shri N. P. Mishra against the appellant Shri Bhagwan Prasad Srivastava, the only question requiring determination is if cognizance of the case by the Magistrate required previous sanction under Section 197, Criminal P. C. The Sub-Divisional Magistrate, in whose Court the complaint was instituted, upheld the preliminary objection based on the absence of previous sanction and the Second Additional Sessions Judge, on revision, agreed with this view. On further revision the Patna High Court disagreed with the view taken by the two Courts below and holding S. 197, Criminal P. C., to be inapplicable to the case directed the Sub-Divisional Magistrate to make further inquiry into the petition of complaint. Before us the view taken by the High Court is assailed.

2. The complaint was filed by the respondent Shri N. P. Mishra, Civil Assistant Surgeon, Sadar Hospital, Chapra (hereinafter called the complainant ) against Shri Bhagwan Prasad Srivastava, Civil Surgeon, Chapra (appellant in this Court) and Shri Ramjash Pandey, cook, Sadar Hospital, Chapra. It was alleged in the complaint that on th