Honble B.R. ARORA, J.—The petitioner Mahaveer Prasad and C.P. Vasnaiye are facing trial under Sections 332 and 324 I.P.C. in the Court of the Additional Chief Judicial Magistrate No. 1, Jodhpur, Durga Dutt, on June 16, 1984 lodged a First information Report at Police Station. Shastri Nagar, Jodhpur against C.P. Vasnaiye and Mahaveer Prasad under Sections 353 and 332 I.P.C. The police, after necessary investigation, presented the challan against both the accused in the Court of the Additional Chief Judicial Magistrate No. 1, Jodhpur, under Section 324 and 332 I.P.C. On the submission of the challan, the learned Additional Chief Judicial Magistrate No. 1 Jodhpur, on July 21, 1984, ordered for the registration of the case. After the submission of the challan, the accused petitioner moved an application under Section 197 Cr.P.C. that as they are the public servants and, therefore, their prosecution without prior sanction from the competent authority is without jurisdiction. That application, filed under Section 197 Cr.P.C, filed by the petitioners, was dismissed by the learned Additional Chief Judicial Magistrate No. 1, Jodhpur, by his order dated January 4, 1988. Dissatisfied with the

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