ORDER

On a police charge-sheet the S. D. M., Cuttack in G. R. Case No. 586 of 1964 took cognizance of an offence under Section 409, I.P.C. against the petitioner, and summoned him to stand his trial in this case. The case thereafter was transferred to the Court of Sri D. Dalal, Magistrate, First Class, Cuttack. On 7-12-1971 the petitioner filed a petition in the Court of Mr. Dalal, inter alia, contending therein that the petitioner, being a public servant, could not be prosecuted in this case in the absence of a sanction under Section 197, Criminal P.C., and the same having not been obtained the prosecution was bad in law and was liable to be quashed. On the aforesaid petition the Magistrate passed the impugned order as follows :

"Perused the case diary. In this case cognizance under Section 409 of the I.P.C. has been taken by the learned S.D.M. on 27-6-1969 and the accused has been summoned to stand his trial.

In the case diary, I find there is sufficient material to frame a charge under Sec. 409 of the I.P.C. against the accused. At this belated stage I am not to question the competency of the learned S.D.M. for taking cognizance under Section 409 of the I.P.C. without prior appr