KAN SINGH, J.—This is a revision application by the accused Sukhdeo and others in a case under secs.447, 427 and 147 I PC. against the order of the Additional Munsif Magistrate No, 1, Bundi holding that the prosecution of the accused was not barred under sec. 197 Cr.P.C.

2. Kistoorchand resident of Gendoli lodged the complaint against Sukhdeo and nine others to the effect that they opened a new way through the field of the complainant after closing the way which lay through the field of accused No. 5 Bala and in doing so they caused damage to the standing crop as also the fencing of the complainants field. The accused were alleged to have committed the offence of criminal trespass as well. After the accused were summoned they put in an application before the learned Magistrate that Sukhdeo was the Sarpanch of the Gram Panchayat and the complainant had closed an existing way through his field which was reopened by the Panchayat. The learned Magistrate dismissed the application holding that the accused cannot be said to have acted in discharge of their official duties. Against the order of the learned Additional Munsif Magistrate the accused first approached the learned Additional Ses

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