Honble N.L. TIBREWAL, J.—The petitioner is aggrieved against the order of the Additional Munsif and Judicial Magistrate, Laxmangarh, by which the applications of the petitioner and of other co-accused persons to drop criminal proceedings against them for want of sanction under Section 197 Code of Criminal Procedure (for short the Code), were rejected. After being unsuccessful in the revision in the Court of Additional Sessions Judge No. 1, Alwar, the present petition under Section 482 of the Code has been filed. In the normal course I would not have entertained this petition after the right of revision having been exercised by the petitioner, but the question involved in the matter, goes to the root of the case and is a jurisdictional one, I propose to decide the same.

2. To appreciate the question of law which calls for consideration, it is necessary to narrate the facts in brief.

3. Non-petitioner Tikka Kan Singh filed a complaint on 14.6.82 against the petitioner and three other police constables in the Court of Judicial Magistrate, Lalgarh, with regard to an incident alleged to have taken place at 10 AM on June 12, 1982. At the relevant time, the petitioner Rameshwar Dayal was As

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