1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 7.6.2008 passed by learned Judicial Magistrate, Katihar, in Complaint Case No. 943 of 2007 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioner and other accused persons for the offences under Sections 195, 197, 469, 387 and 120(B) of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. Learned counsel for the petitioner has submitted that petitioner was posted as SHO Manihari Police Station, Katihar. He was Government servant and discharging his official duty. It has further been submitted that learned Magistrate has committed illegality in taking cognizance against this petitioner and other accused persons by the impugned order dated 7.6.2008 without proper sanction as described in Section 197 Cr. P.C. It has further been submitted that order of cognizance with regard to one of the co-accused Ram Krishna Poddar has already been quashed by a coordinate Bench of this Court vide judgment dated 15.01.2012 passed in Cr. Misc. 24488 of 2009 on the ground that the