Waller, J.

1. This is a reference by the Sessions Judge, West Godavari. One Venki preferred a complaint against the Village Magistrate of her village charging him with wrongful confinement and bribery. The Sub-Magistrate took cognizance only of the former offence and issued notice to the Village Magistrate. The latter appeared and objected that section for the prosecution was necessary under Section 197 of the Criminal Procedure Code. The Sub-Magistrate overruled the objection and the Village Magistrate took the matter up to the Sessions Judge, who, disagreeing with the Sub-Magistrate, has made a reference to this Court.

2. Sub-section (1) of Section 197 of the Criminal Procedure Code as amended by Section 50 of Act XVIII of 1923 runs as follows:

When any person who is a Judge within the meaning of Section 19 of the Indian Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the section of a Local Government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence exc