( 1 )

( 2 ) THIS Criminal Miscellaneous (Main) is directed against the order dated 22. 3. 1991 of the learned Metropolitan Magistrate whereby the learned Magistrate has issued summons to the petitioner under Sections 323/506/34 of the Indian Penal Code.

( 3 ) I have heard learned counsel for the petitioner as also learned counsel for respondent No. 2. It is the case of the petitioner before me that upon a bare reading of the complaint it is evident that the petitioner herein, who was DCP (North) at the relevant time, ordered cane charge while acting in the discharge of her official duties and, therefore, no cognizance of any offence pursuant to that action can be taken without sanction.

( 4 ) THE case of the complainant on the other hand is that the DCP (North) violated all legal norms while ordering cane charge, and, therefore, her action cannot be termed as that covered under the discharge of her official duty. The question that has arisen before me, at this juncture, is whether the learned Metropolitan Magistrate was right in taking cognizance on the complaint without sanction having been accorded under Section 132 read with Section 197 of the Code of Criminal Procedu