ORDER :- Respondent herein has filed a complaint against the petitioner herein under Sections 500, 501 and 502 of the Indian Penal Code. Apart from the petitioner, four other persons are arraigned as accused persons. The provisions under which the complaint is filed would clearly suggest that the respondent is aggrieved at certain remarks of the petitioner which, according to the respondent, are defamatory in nature and therefore, the respondent wants the accused persons to be tried under the aforesaid provisions of the IPC. The learned MM, after recording the pre-summoning evidence, took cognizance of the complainant and issued notice to the accused persons.

2. The petitioner was the Leader of Opposition in Bihar Assembly when he had made the alleged offending remarks. He feels that this position affords him the requisite protection under the law and no prosecution can be launched against him without obtaining prior sanction of the competent authority under Section 197, Cr. P.C. Therefore, on receipt of the notice the petitioner filed an application under Sections 190/197/199/200 and 203 of the Code of Criminal Procedure for dismissal of the complaint primarily on the ground that b

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