This revision is directed against the order of the learned judicial Second Class Magistrate, Uthamapalayam dismissing an application under Section 258 of the Code of Criminal Procedure filed by the revision petitioner. The revision petitioner contended that he is the President of V. Ammapatti Village Panchayat, that the act complained of against him, namely the removal of encroachment was done in the discharge of his official duty as President, that sanction is required under Section 169 of Act XXXV of 1958 and as no sanction was obtained the proceedings have to be stopped under Section 258 of the Criminal P.C. The learned Magistrate found that the first accused-President has sought the the eviction of the complaint through the officers of the Revenue Department and that notice had been served on Meenambal, mother of Selvaraj, the complainant, and that though a week's time was granted, the first accused-President has removed the encroachment before the expiry of that period and therefore the President has not acted or purported to act in his official capacity and consequently no sanction is necessary. In the end, as already pointed out, he dismissed the application. The