Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a learned Single judge of the Patna High Court dismissing the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) seeking the order of cognizance taken by learned Judicial Magistrate, Patna, on a complaint filed by Ramesh Kumar Dubey (Respondent No.2 in this Appeal). By order dated 11.1.2000 learned Judicial Magistrate took cognizance of offences punishable under Sections 342, 389, 469, 471 and 120(B) of the Indian Penal Code, 1860 (in short the ‘IPC’). Learned Chief Judicial Magistrate, Patna had transferred the case on 18.1.1997 to the learned Magistrate for enquiry and disposal and that is how the matter was placed before learned Judicial Magistrate, First Class. Primary stand taken by the appellant before the High Court was that in the absence of sanction as contemplated under Section 197 of the Code, the proceeding cannot be continued. The High Court by the impugned judgment rejected the prayer holding that since the requirement of Section 100(4) of the Code were not followed, which search was conducted in the