JUDGMENT

The appellant before us is a Sub-Inspector in the Central Reserve Police Force. A complaint dated August 10, 1977 was filed against him before the Metropolitan Magistrate, New Delhi. It was alleged in the said complaint that while working as Manager of the Co-operative shop at CRPF centre he misappropriated large quantity of sugar which was meant for distribution amongst the members of the force. The complaint sought appellants prosecution under S. 10(n) of the C.R.P.F. Act, 1949 which reads as under:-

"Every member of the Force who; (n) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline; shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to three months pay, or with both."

2. At the enquiry before the Magistrate the scope of the complaint was enlarged by including an offence under S. 409, I.P.C. The appellant asked for quashing of the prosecution on the ground that necessary sanction under S. 197 of the Criminal Procedure Code was not obtained. The learned Magistrate by his order dated May 12, 1978 rejected the prayer. The revision against the said ord