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 fo