JUDGMENT :

1. Instant criminal misc petition has been filed by the petitioner challenging the order dated 18.11.2016 passed by learned Additional District and Sessions Judge No.2, Chittorgarh whereby, while allowing the revision petition No. 78/2015 filed by the respondents, the order passed by learned Additional Chief Judicial magistrate, Rawatbhata dated 24.08.2015 taking cognizance against the accused respondents for offence under Section 342, 330, 385 read with Section 149 IPC has been set aside.

2. Learned counsel for the petitioner submits that offence under Section 342, 330, 385 read with Section 149 IPC is prima facie made out against the accused respondents and acts done by the respondents cannot be said to be in discharge of official duty and same would not be protected by the armor of Section 197 of the Code. It is further argued that the point about sanction need not have been considered at the initial stage of taking cognizance. At this stage the Court should only see if a "prima facie" case is made out or not. Therefore, the petitioner cannot be prevented from seeking justice due to the omission committed by the State in not granting the requisite sanction. Thus, it is