1. The order of refusal to discharge the petitioner in a sessions trial under Ss. 302, 302/109, Penal Code, and under S. 27, Arms Act, has been challenged by way of this Criminal Miscellaneous application for want of sanction under S. 197 Criminal P.C. (hereinafter referred to as the Code).

2. The matter seems to have arisen in the following circumstances. On 17-3-1984 at about 6 p.m. Parmeshwar Sah of village Mungo appeared at Nawadih Police Station and lodged the first information report against the petitioner and two armed constables, for the occurrence, which had taken place the same day at 4.30 P.M. when he was sitting in his shop in the village along with his son Sheo Narayan and his servant Kunwar Singh. It appears that at that very time the petitioner, who is a Block Development Officer of Nawadih came there along with armed force in a jeep, got down from the jeep and went to the verandah of the shop of the informant, Parmeshwar Sah and told him that there was a warrant of arrest against his son Sheo Narayan. On hearing this the informant Parmeshwar Sah requested the petitioner to defer the execution of the warrant of arrest till Holi festival, on which, the petitio