S.S. BYAS, J.—By this revision, the complainant Jethmal challenges the legality of the order of the learned Munsif & Judicial Magistrate, Sojat dated August 14, 1978, by which he dismissed his complaint on the ground that the accused could not be prosecuted for want of sanction of the State Government under section 197, Cr. P. C. There is no pronouncement of this Court on the point involved.

2. Briefly stated, the relevant facts giving rise to this revision petition are that the complainant filed a complaint against the accused Khusalsingh—the then Station House Officer, Police Station Sojat in the Court of the Judicial Magistrate on December 23, 1977. The averments disclosed in the complaint were that a case under section 452, I. P. C. on F. I. R. No. 135/77 was registered against him at Police Station, Sojat by the accused. The accused was bent-upon to arrest and hand cuffle him. The complainant moved the Sessions Judge, Pali under section 438, Cr. P. C. for anticipatory bail and anticipatory bail was granted to him on December 3, 1977. The accused became highly annoyed when he failed in his attempt to arrest the complainant in the aforesaid case. In order to execute his ill-desig

Click Here to Read the rest of this document