Judgment

D.P. Mohapatra, J.—Leave granted.

2. The short question that arises for deter­mination in this case is whether on the allegations made in the complaint and the materials available on record, Section 197 of the Code of Criminal Procedure is applicable to the case? The High Court of Patna having answered the question in the negative the ­accused has filed this appeal challenging the order.

3. The factual matrix giving rise to the proceeding may be stated thus:

The appellant Gauri Shankar Prasad was the Sub-Divisional Officer at Naugachia on 12.8.1996. In pursuance of an order of the Patna High Court in a public interest litigation that encroachments from road and roadside lands and unauthorised structures should be removed, the national highway division of the Public Works Department under the supervision of the appellant carried out operations for removal of encroachments according to the programme decided in a meeting of the offi­cers of the departments concerned. In course of the drive under­taken for removal of encroachments on roadside lands the respondent was asked to remove a portion of the boundary wall which according to the measurements made by the officials of the