ORDER :- This is an application in revision by Ram Dutt and 13 others against the order of the Additional Munsiff Magistrate, Jalore dated 5th May, 1964 in a complaint case under Ss. 384, 147 and 427 Indian Penal Code.

2. It was alleged in the complaint that the accused, who were 18 in number formed an unlawful assembly on 20th January, 1962 and in prosecution of their common object removed the complainant's 'Bada' and thatch and also dishonestly took away a number of articles including a cow. Amongst the accused Ram Dutt is Sarpanch, Mishrilal an Up-Sarpanch and Sukhraj, Thaniya and Gajra are Panchas of the Gram Panchayat, Umedabad. Some of these accused urged before the trial Magistrate that their prosecution without the previous sanction of

the State was barred in view of the provisions of S. 197 Criminal Procedure Code. It was urged that the 'Bada' in dispute was removed by them in the discharge of their official duty.

It was pointed out that the resolution was passed by the Gram Panchayat for the removal of the disputed 'Bada' on 5-3-1959. Thereafter on 14th January, 1962 a notice was given to the complainant to remove that 'Bada, but he failed to do so, and so the membe