(1) LEAVE granted.

(2) THE appellant is a Police Sub-Inspector. Now a complaint has been filed against him and some others for the offence under Section 302 read with Section 34 of the Indian Penal Code on the allegation, inter alia, that the person killed in a police firing was actually murdered by the appellant and his companions. The Magistrate issued process to the appellant and other accused persons. We are not aware whether the said process was issued after complying with the mandatory provision contained in Section 202 (2) of the Code of Criminal Procedure as explained by this Court in Roosy and Another v. State of Kerala and Others [JT 2000 (1) SC 84 = 2000 (2) SCC 230]. But the question now posed by the appellant was that the Magistrate ought not have taken cognizance of the offence without the sanction contemplated in Section 197 of the Criminal Procedure Code. The said objection was not accepted by the High Court and therefore, the petition filed by the appellant was dismissed as per the impugned order.

(3) WE are of the opinion that the stage for raising such objection could be when the accused are called upon to address arguments under Sections