1. This application under Sec. 482 Cr.P.C. has been filed to quash the order dated 13.10.2006 passed by Sri Ashok Kumar Gupta, Judicial Magistrate, 1st Class, Sitamarhi in Complaint Case No. 650 of 2006, Trial No. 280 of 2006 thereby Cognizance under Sections 182 and 219 of the Cr.P.C. (sicI.P.C.?) has been taken against the petitioner.

2. Heard the learned counsel for the petitioner. No one appears on behalf of the opposite party no. 2 in spite of valid service of notice.

3. On perusal of the complaint petition, it appears that the allegation against this petitioner is that he submitted his report in two different cases which are inconsistent with each other. It has further been alleged that the false report has been submitted by the petitioner in order to defame the complainant and also to mislead the court and administrative officers.

4. It is submitted on behalf of the petitioner that on mere perusal of the complaint petition, it would appear that no any offence is made out against this petitioner and the reports in different cases were submitted by this petitioner in his official capacity in due discharge of his duty. Therefore, this petitioner is protected under the umbrella of Sec. 197 of the Cr.P.C. No cognizance can be taken against him being a public servant without sanction for prosecution of the appropriate authority of the Government.

5. Considered the submission of the learned counsel for the petitioner as well as the allegation contained in the complaint petition as also the statement given on oath vide Annexure-2. It is quite clear that this petitioner has been prosecuted under different Sections of the I.P.C. for submission of reports in his due discharge cf his official duty. This petitioner being the public servant, is protected under Sec. 197 Cr.P.C. from criminal prosecution without prior sanction from the appropriate authority of the Government. It is needless to say that this case has been filed and cognizance has been taken by the court below in violation of Section 197 Cr.P.C.

6. Thus, having regard to the facts and circumstances of the case, this application is allowed and the impugned order of cognizance is hereby quashed.