AGRAWAL, C. J.

( 1 ) THE only question involved in this Criminal Revision which has been referred to a Division Bench by a learned single Judge of this Court is as to whether the criminal proceeding initiated against the petitioner Abani Chandra Biswal, Officer-in-Charge, Komna Police Station in the district of Kalahandi belonging to the Orissa Police Force is competent in the absence of prior sanction of the appropriate authority as required by S. 197 (3), Cr. P. C. ("the Code" ).

( 2 ) BHOGA Bag, opposite party No. 2, filed a complaint against the petitioner in the court of the Sub-Divisional Judicial Magistrate, Nawapara alleging that on 22-6-82 the petitioner along with one Police Constable had gone to his village and asked him to come along with his father to Komna Police Station since they were witnesses in a criminal case. It is said that both of them went to the police station and were asked by the petitioner to wait in the verandah of the police station and not to go away. Both of them were then detained in the Police Hifzat for 3 days, i. e. up to 24-6-82 without any food etc. and were ill-treated so much so that on 24-6-82 the petitioner abused them in filthy language