SARJOO PROSAD, C.J.—This is a reference made by the District Magistrate of Alwar for quashing the order of the trying Magistrate who held that in the circumstances no sanction was necessary for the purpose of taking cognisance of the case.

2. The material facts leading to the reference may be stated at this stage. It appears that the Panchayat Barkhera passed a resolution for removal of certain Bar and a peon of the Panchayat was sent to execute the order but when the peon failed to do so another resolution was passed by the Panchayat on 13th December, 1959. By virtue of that resolution, the Panchas were asked to go to the spot and get the Bar removed. A complaint was lodged by one Moola that on the date in question the petitioners went to the spot and set fire to the roof of the opposite party Moola and also out-raged the modesty of Mst. Soni. The accused mentioned in the complaint were the Sarpanch Beharilal, Panch Laloo, the chowkidar of Panchayat Barkhera and two other persons, Mst. Maluki and Netia. The first three accused the Sarpanch, the Panch and the Chowkidar raised an objection that in the absence of any sanction under sec. 197 of the Code of Criminal Procedure they who w

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