Wallace, J.

1. Petitioner seeks to have quashed the order of the Sub-Magistrate, Palladam, committing him for trial to the Sessions Court, Coimbatore, for offences Under Sections 330, 343 and 348, I.P.C. Petitioner is a Village Magistrate and contends that the commitment is invalid for want of sanction Under Section 197(1), Criminal P.C. The allegation is that on a complaint put in to him by D. W. 6, brother of a woman called Ramakkal, wife of P. W. 2, petitioner sent for P. Ws. 1, 2 and 3 at different times, had them brought by the village menials to the chavadi and shut them up there, and while they were there also tortured P. Ws. 1 and 2 by pushing needles under their finger nails, in order to extort a confession of the murder. As a matter of fact, the woman had not been murdered and turned up later safe and sound. It is urged that as the Village Munsif has authority to arrest and confine suspected murderers, the alleged offences were committed by him while acting or purporting to act in the discharge of his official duty.

2. The exact import of that phrase and of the vaguer phrase which stood in its place prior to the amendment of 1923 has been the subject of numerous decisi