JUDGMENT

A. S. NAIDU, J. — The facts of both the aforesaid Criminal Misc. Cases are inter-linked and connected or continuation of the same incident, hence, both the cases are heard together and disposed of by this common judgment.

2. Criminal Misc. Case No. 134 of 1998 is filed challenging the order dated 19.9.1997 passed by the Sub-Divisional Judicial Magistrate, Phulbani in ICC Case No. 28 of 1997 holding that there is sufficient ground to proceed against the petitioner with regard to commission of the alleged offence and the petitioner is not entitled to the protective umbrella provided under Sec. 197 of the Code of Criminal Procedure.

3. The sole point which needs determination in the said case is as to whether the petitioner who was admittedly holding the post of Superintendent of Police and was posted at Phulbani at the relevant time can be proceeded against in absence of a sanc¬tion as required under Sec. 197, Cr.P.C. For effectively answer¬ing the said question, it is necessary to delve into the facts of the case.

On the basis of an FIR lodged in Phulbani Police Station, two cases being P.S.Case No. 111 of 1997, (subsequently converted to G.R.Case No. 284 of 1997) as well a