JUDGMENT (ORAL)

G.D. Kamat, J.- These proceedings under Section 482 of the Criminal Procedure Code seek to quash the Criminal proceedings which have been filed against the petitioner on the ground that the proceedings constitute an abuse of the process of the court and will otherwise result inmiscarriage of justice. It is common ground that in a criminal case instituted by the respondent No.1, it is averred that the petitioner, who is a police officer and was at the relevant time, attached to the Mapusa Police station, arrested him on 17th April 1989 and detained him in spite of the respondent No.1 being armed with an order for anticipatory bail. This was held to be wrongful detention and wrongful confinement and that is how Section 342 of the Indian Penal Code was invoked. On examining the complainant, respondent No.1 in these proceedings, the Judicial Magistrate, Mapusa, directed a process under Section 342 of the Indian Penal Code on 21st June, 1989. This direction of issue of process has provoked the petitioner to take up the present proceedings as mentioned earlier.

2. The sole question centres round that there is no sanction for prosecution obtained by the respondent No.1. It