( 1 ) THE short point that is involved in this case for determination is whether the Magistrate has committed an error in directing issue of process to these petitioners without prior sanction of the Government to prosecute them as contemplated under S. 197, Cr. P. C. and S. 170 of the Karnataka Police Act.

( 2 ) THE learned counsel has vehemently argued that the allegations made in the complaint if taken as true in totality, the offences alleged against these petitioners are during the course of discharging their official duty. Therefore, prior sanction from the Government was necessary without which the prosecution launched is invalid and calls for interference by this Court, lest it would lead to abuse of the process of Court. In support of his argument he also placed reliance on a decision reported in 1970 Cri LJ 1401 : (AIR 1970 SC 1661) Bhagwan Prasad Srivastava v. N. P. Mishra wherein their Lordships of the Supreme Court have held (para 5) :"section 197 is neither to be too narrowly construed nor too widely. It is not the "duty" which requires examination so much as the "act" because the official act can be performed both in the discharge of the official duty as well as in d

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