1. This application takes exception to the First Information Report No.3001/2006 registered by Police Station Officer, Police Station, Armori, Tahsil-Armori, District-Gadchiroli and consequent proceeding in Criminal Case No. 9 of 2006 pending before the learned Judicial Magistrate First Class, Armori, which arise out of Chargesheet No.22/2006 dated 24th February, 2006 filed by the non-applicant against the applicants for the offences punishable under Sections 5 and 7 (1) (d) of the Protection of Civil Rights Act, 1955 and Section 506 read with Section 34 of the Indian Penal Code.

2. The facts of the case are as under:-

The applicants are husband and wife and both are serving as Livestock Development Officers at villages Koregaon (Rangi) and Inzewari respectively. On 11-10-2005 the applicant No.2 was on duty at the hospital at Inzewari till 11.00 a.m. and after that she left the hospital to attend a meeting of Prabhag Samitee at village Thanegaon. At about 12.00 noon Shri Devidas Barsagade accompanied by three persons as named in the application, forcibly entered the hospital at Inzewari and tried to take photographs, which act was objected to by the staff of the hospital. On being objected, the said persons manhandled the staff and ransacked the hospital by taking away two saline bottles and documents and using abusive language and giving threats to the staff.

3. On 15-10-2006 the said incident was narrated by the staff and Sarpanch of the village to the applicant No.2 when she returned to the hospital. The applicant No.2, therefore, lodged a report with Police Station Armori, which registered offences under Sections 353, 379, 506 read with Section 34 of the Indian Penal Code against Devidas Barsagade and his three companions. Even a chargesheet has been filed in respect of the said incident against those persons before the Judicial Magistrate First Class, Armori and a case is registered as Criminal Case No.12 of 2006.

4. It is further case of the applicants that lodging of a report with police and consequent prosecution launched against Devidas Barsagade and his three accomplices in respect of the incident or ransacking the hospital infuriated the said Devidas Barsagade, who as a counter-blast to the complaint filed by the applicant no.2, lodged written complaint with police against the applicants on 17-10-2006. The police registered the offences against the applicants punishable under Sections 5 and 7 (1) (d) of the Protection of Civil Rights Act, 1955 and Section 506 read with Section 34 of the Indian Penal Code and has filed a chargesheet. Hence, this application filed by the applicants to quash the First Information Report and further proceedings based upon the said First Information Report.

5. The learned Advocate appearing for the applicants submitted that the charges leveled against the applicants are totally false, concocted and baseless and the acts complained of in the First Information Report attributed to the applicants are in direct connection with the official duties of the applicants as it is stated in the said First Information Report by the complainant Devidas Barsagade that a buffalo belonging to one Shri Sudhakar Bankar was taken to the hospital for treatment. Therefore, learned Advocate for the applicants submits that having regard to provisions of Section 197 of the Criminal Procedure Code, the Judicial Magistrate First Class could not have even taken cognizance of the offences alleged to have been committed by the Public Servants in discharge of their official duty without obtaining a sanction from the competent authority. The requirement of having a sanction for prosecuting a public servant is a sine quo non. Despite this clear position, Judicial Magistrate First Class has proceeded to maintain the prosecution.

6. The learned Advocate appearing for the applicants further submitted that the First Information Report does not mention the caste of the complainant and/or that of the accused. T