ORDER :

1. This is a petition to revise the order of the First Class Magistrate, Gadwal, overruling the preliminary objection raised on behalf of the accused-petitioners that the complaint filed against them for an alleged offence of mischief punishable under Sec. 427 I.P.C. cannot be taken cognizance of by the Court except with the previous sanction of the State Government, as provided by Sec. 197 Cr. P.C.

2. One, Balakanti Veerayya, filed a complaint before the First Class Magistrate, Gadwal, against the 12 petitioners alleging that he had constructed a flight of stairs in front of his house leading up to the terrace after obtaining the requisite permission from the Panchayat of Maldakal Village, that the petitioners who were opposed to him, with the bad intention of causing loss and damage to him, and taking advantage of the absence of the inmates of the house, had, on the morning of 17-9-1957, demolished the stairs and thereby caused him a loss of Rs. 100/-, and that they are, therefore, liable for an offence under Sec. 427 I.P.C. The complainant further alleged that he had strong evidence to substantiate his case.

3. The case of the petitioners is that the complainant had cons