Order.- This revision is directed, against the order of the Chief Judicial Magistrate, Coimbatore, in Criminal M.P. No. 5 of 1978 discharging the 12th accused in C.C. No.417 of 1977 on his file which was a private complaint filed by the revision petitioner herein. The 12th accused/respondent is an Inspector of Police. The contention urged before the learned Chief Judicial Magistrate was that sanction from State Government has to be obtained for prosecuting 12th accused who is an Inspector of Police and such sanction having not been obtained, the prosecution of 12th accused is bad, and, therefore, the 12th accused should be discharged. The Learned Chief Judicial Magistrate was of the view that the Inspector of Police “is a gazetted officer and as such only the State Government can remove him from service and under those circumstances sanction has to be obtained from the Government for prosecuting him and that not having been done, the respondent/12th accused has to be discharged. In the end, he allowed the petition and discharged the I2th accused. The complainant/revision petitioner is aggrieved and has filed this revision.

2. The order of the Learned Chief Judicial Magistrate, Coimb

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