JUDGMENT - S.P. KURDUKAR, J.:---This writ petition under Article 226 of the Constitution of India read with section 482 of the Criminal procedure Code has been directed against the order of discharge dated 8th January, 1987 (Exh. 'H') passed by the Additional Chief metropolitan Magistrate, 11th Court, Kurla, Bombay. The learned trial Magistrate discharged the accused 1st respondent (P.S.I.) on the ground that the petitioner (complainants) did not obtain sanction from the competent authority under section 197 of the Criminal Procedure Code, before filing the complaint.

2. The petitioners are original complainants-hereinafter referred to as 'petitioners'. The 1st respondent is the Sub-Inspector of Police attached the Chembur Police Station against whom the petitioners have filed Criminal Case No. 55/S of 1986 for offences punishable under sections 220 and 342 of the Indian Penal Code and under sections 147 and 148 of Bombay Police Act, 1951. Respondent Nos. 2 to 4 are the Police Officers attached to Chembur Police Station. Respondent No. 5 is Senior Police Inspector attached to Bhandup Police Station. Respondent No. 6 is the Commissioner of Police. Greater Bombay. Respondent No. 7 is the Home Department and Respondent No. 8 is the State of Maharashtra. The grievance of the petitioners in this criminal case is mainly against the 1st respondent.

3. In order of appreciate the rival contentions raised before us it would be necessary to set out some facts. C.R. No. 172/85 came to be lodged in the Court of Metropolitan Magistrate, 27th Court, Mulund by the State against the petitioners for offence punishable under sections 142, 144, 147, 148, 365, 368, 324 read with section 149 of the I.P. Code (See Exh. B. Colly). It is a State case lodged by the police station, Bhandup against the petitioners on the basis of the first information report lodged by one Faijuddin Jainuddin. This complaint was lodged by Faijuddin Jainuddin against the petitioners alleging that they and some other unknown persons (accused) gathered with dangerous weapons and assaulted the complainant and abducted him thereafter. The statement of said Faijuddin Jainuddin was recorded by the Police Officer pursuant to which criminal case come to be filed (See Exh. B. Colly). It is not necessary to set out the alleged statement of Faijuddin in detail but suffice it to mention that there appears to be some dispute over the wages. The said Faijuddin claims to be a worker in a factory owned and run by the 1st petitioner carrying on the business of manufacturing oil tin in the name and style of Shailesh Containers. The said factory is situated at Vishal Industrial Estate, Village Road, Bhandup (West) Bombay. The Investigating Officer also recorded the statement of one Mohammed Hanif Mohammed Yusuf Saiyed who also in his statement alleges that he was beaten by some unknown persons near his place of residence in Chembur Naka, Chembur at the instance of the 1st petitioner. The incident according to Faijuddin took place on 27th March, 1986 at about 12.30 hrs. The statements of both these victims were recorded on 28th March, 1986 by the Police Officer, Chembur Police Station. This complaint was lodged against the petitioners and one Amir Ali Kasam Ali Afgan and some 8 unknown persons. It appears that since the complainant had approached the Police Station at Chembur for the alleged assault on them, the said Police Station started investigation and in the course of investigation on 28th March, 1986 the 1st respondent, Sub-Inspector attached to Chembur Police Station along with other police men went to the residential premises of the first petitioner and apprehended all the petitioners between 8.00 and 9.00 p.m. on the same day. The 1st respondent took all these petitioners to the Police Station at Chembur for further investigation. Later on during the night intervening between 28th and 29th March, 1986, the petitioners were handed over to the Bhandup Police Station for further investig

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