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 as P.S.Case No. 112 of 1997 were initiated. FIR of P.S.Case No. 111 of 1997 was lodged by one Suresh Kumar Behera who was the Sergeant in charge of A.P.R. force. Similarly, P.S.Case No. 112 of 1997 was registered on the basis of an FIR lodged by one Purna Chandra Mishra, OIC of Town P.S., Phulbani. Durga Prasad Tripathy and one Siba Prasad Tripa¬thy were accused in P.S.Case No. 111 of 1997 whereas some of their friends and relatives are accused in P.S.Case No. 112 of 1997. The FIR lodged at about 11.10 p.m. on 13.9.1997 reveals that while police was performing patrol duty in the bazar area, they received reliable information that some culprits of Town P.S.Case Nos. 106, 107 and 108 of 1997 (dacoity and rioting cases) were hiding in the lodging of Kamala Kanta Pandey. On receiving the said information, the Sergeant alongwith the A.P.R. force tried to verify the matter, but Durga Prasad Tripathy who is the Manager of the said hotel did not allow him or the police personnel to enter into the hotel. It is further alleged that a Tata Sumo vehicle bearing Registration No. OR-05 D-3887 was parked in front of the hotel obstructing half of the road and the Manager refused to call the driver who was admittedly inside the hotel. When the police personnel wanted to enter into the hotel to call the driver and to investigate whether the accused of the said dacoity cases were present in the hotel or not, they were physically obstructed and the Manager-Durga Prasad Tripathy dragged the Sergeant inside the hotel with a view to assault him. Seeing the said incident, the police personnel rushed to rescue the Sergeant and there was a tussle between the hotel staff and the police personnel, as a result of which said Durga Prasad Tripathy was pushed against the grill gate and sustained some injuries. The A.P.R. force was able to rescue the Sergeant and thereafter apprehended Durga Prasad Tripathy whereas Siba Prasad Tripathy and some others who were present and obstructed police personnel from discharging their duties escaped.

The second FIR was lodged by one Purna Chandra Misra, OIC of Town P.S. alleging that they brought Durga Prasad Tripathy, who had assaulted the Sergeant to the police station and noticed that he had a minor bleeding injury on his head. In order to give first aid, they took Durga Prasad Tripathy to the district head-quarters hospital. Dr. Dasarathi Mohapatra attended him. At the relevant time, Kamalakanta Pandey accompanied by his sons, son-in-law Siba Prasad Tripathy and others came and demanded release of the accused. They gheraoed him, abused in filthy language and threatened with dire consequences. They also threatened to attack the police station. It is further alleged that said Kamalakanta Pandey snatched away a stick and assaulted the OIC as a r