S.N.Mishra, J.

1. In this application, the prayer of the petitioner is for quashing the order, dated 25.5.1995 passed by the learned Judicial Magistrate, whereby the complaint petition filed by the petitioner has been dismissed on the ground of lack of sanction. The complainant-petitioner filed a complaint petition before the Chief Judicial Magistrate, Gaya, alleging, inter alia, that an objection case under Section 9 of the Bihar and Orissa Municipal Survey Act was pending before the opposite-party, who was Assistant Superintendent of Survey at the relevant time. In the aforesaid proceeding a surveyor was appointed in order to ascertain the genuineness of the claim of the petitioner. It is alleged that a report was accordingly submitted in favour of the petitioner. The case was fixed for hearing on 6.9.1993 but for some reason the case was not heard on that date. It is alleged that on 8.9.1993, the opposite-party Birsai Bhagat, Assistant Superintendent of Survey through a messenger, asked the petitioner to meet him in connection with the aforesaid pending case. It is further alleged that the petitioner sent his representative Mr. Upendra Kumar Singh, who was examined as PW