JUDGMENT

U. L. Bhat, J. - The complainant in Cri. M.P. No. 2360 of 1982 on the file of the Judicial Magistrate of the Second Class No. II, Trichur who filed the complaint against Sub-Inspector of Police, Anthicad Police Station alleging offences under sections 379 and 384, Indian Penal Code, being aggrieved by the order of the Magistrate dismissing, the complaint for want of sanction under section 197 of the Code of Criminal Procedure, has filed this criminal revision petition.

2. There can be no doubt that Sub-Inspector of Police is a public servant within the meaning of section 21, Indian Penal Code. The question is whether a complaint against a Sub Inspector of Police would fall within sub-section (1) of section 197 of the Code of Criminal Procedure in which case alone sanction of the State Government will be necessary for any prosecution. The learned Magistrate took the view that section 197(1) will apply in the case of prosecution of a Sub-Inspector of Police and this view is contested by the revision petitioner.

3. The main part of sub-section (1) of section 197 reads thus:

"(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his off