1. Whether order dated 27.06.2013 passed by the learned SDJM(S), Dibrugarh, in CR Case No. 38C of 2013 taking cognizance under Sections 448/193/506/294/34 IPC is vitiated for not obtaining prior sanction as required under Section 197 of Cr.P.C. is the short question to be answered in this Criminal Petition.

2. One Vijay Pandey, a practising advocate of Dibrugarh Bar Association, lodged a complaint before the learned SDJM(S), Dibrugarh, stating that his mother Smt. Chintamoni Pandey is a patient of blood cancer of the last stage and undergoing treatment at Dibrugarh and Guwahati. His father late Anil Pandey was absolute owner in possession of a plot of land measuring 9 ft on the North -South and 84 ft in the East-West under Dag No. 171 and Periodic Patta No. 73. Said Anil Pandey got decree of the learned Civil Court with respect to the land on 21.03.1997 from the Court of learned Civil Judge -II (Junior Division), Dibrugarh, in Title Suit No. 9 of 1993 against one Smt. Lalmoni Pandey and others. The complainant further stated that apart from the said property, they have ancestral property at Chiring Chapari where they reside. On 28.06.2012 when his mother was out for about 3 hours with effect from 5 P.M. and came back at 8 P.M., she discovered that 4 to 5 unknown persons hired by one Manoj Pandey and his associates had come to their residence for illegally leasing out the same. Mrs. Chintamoni Pandey having raised protest they disclosed that they had already got some records prepared for the purpose of grabbing the said land. Under such circumstances, the complainant moved an application before the learned Executive Magistrate for drawing up a proceeding under Section 145 Cr.P.C. Eventually, the Additional Deputy Commissioner, Dibrugarh, issued a prohibitory order against the aforesaid Manoj Pandey and his associates by drawing up a proceeding under Section 145 Cr.P.C. vide Case No. 302/2012. It is further stated that in continuation of such dispute referred to above said Manoj Pandey and others on 30.06.2012 attempted to kill the complainant with view to grabbing the land in question at 7.30 A.M. for which the complainant lodged FIR at 8 A.M, The mother of the complainant was medically examined by the police but the counterparts of the complainant being resourceful person police did not take any action. Thereafter, at 9A.M. on the same day the accused persons No. 1 & 2 who are the petitioners No. 1 & 2 herein entered into the house of the mother of the complainant without any lady police and took her with them to police station and detained her there at 1 P.M. on 01.07.2012. She was produced before the learned C JM, Dibrugarh, at 3 P.M. on the following day. The Petitioner further alleged that the accused persons No. 1 & 2 who are police officers did not pay any heed to the appeal made by the complainant to the effect that the arrested, namely, Mrs. Chintamoni Pandey, was a patient of blood cancer of last stage. They took her to police doctor, namely, Dr. M.M. Pathak who recommended for immediate hospitalisation in Dibrugarh Medical College hospital but the accused persons kept her in police lockup overnight.

3. Under such circumstances, her son Vijay Pandey lodged a complaint before the learned SDJM(S), Dibrugarh. It is in the complaint alleged as follows:

“But the said accused persons did not hospitalise her and brought her back again to Dibrugarh Police Station and whole night threatened her to leave the house and hand over the same to Manoj Pandey and his associates. The accused person No.1 also asked the complainant that she cannot fight against Manoj Pandey and other accused as Sri Shiv Ji Dubey is a big political leader and no police officer can go against him due to his political influence and accused persons no. 1 & 2 have been instructed from D.I.G to arrest her and they are reporting directly to the D.I.G in this matter. The accused persons also threatened her if she would not vacate and leave the hou