Sharma, J—The applicant Prabhu Dayal is being prosecuted in the court of the Munsif Magistrate, Sawai Madhopur under sec. 166 and 504 I.P.C. on the complaint of one Milapchand.

2. Summons were issued to the applicant and when he appeared he raised an objection that the prosecution was bad because no sanction of the State Government u/s 197 Cr.P.C. had been obtained by the complainant. He also raised an objection that the prosecution was bad by virtue of sec. 79 of the Rajasthan Panchayat Act, 1953 (hereinafter to be referred to as the Act). The learned Magistrate after hearing the parties over-ruled the objections on the ground that at that stage there was nothing to show that the accused had committed the offence while acting or purporting to act in the discharge of his official duty. The applicant went in revision and the learned Additional District Magistrate, Sawai Madhopur agreed with the learned Trial Magistrate and dismissed the application. The applicant has now come in revision to this court.

3. I have heard Sri S.M. Mehta on behalf of the accused applicant and Sri S.C., Agarwal on behalf of the complainant. It ha3 been argue 1 by Mr. Mehta that under sec, 78 (1) of the Act,

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