JUDGMENT

S.K. Ghose, J. - The petitioner in this Rule is a Subdivisional Officer of the Public Works Department and he is accused in a complaint filed by a P.W.D. road mohurir. The complaint is to the effect that the accused went to supervise the work which was done by the complainant on a road. On seeing: the accused the complainant was proceeding from one bank to the other by boat. When the boat reached the bank the accused got into the boat and finding that the western bank had collapsed in spite of its having been repaired he became enraged and without seeking any explanation he remarked Can't you maintain the dhip of the western bank" and then he gave to the complainant two blows on the left knee causing injury to the knee. The Magistrate held that the accused was not covered by the provisions of Section 197, Criminal P. C, and directed summons to issue u/s 323, I.P.C. Against that order the present Rule was obtained. It is contended that the petitioner being a public servant is covered by Section 197, Criminal P.C. Mr. Basu on behalf of the petitioner has pointed out that Section 197 of the present Code is wider in its terms than the corresponding section of the old Code and i