JUDGMENT :

Dipak Misra, J. - The petitioner calls in question legality of the order passed by the learned SDJM, Udala refusing to take cognizance in respect of the offences against the sole accused on the ground of absence of sanction as envisaged u/s 197(1) of the Code of Criminal Procedure (in short, 'the Code') in 1. C. C. No. 38/1996.

2. The facts as uncurtained are that the petitioner as complainant set the criminal action into motion by instituting the aforesaid complaint case for the offences under Sections. 323. 294, 341 and 220, IPC. The allegations, as depicted are that the opposite party, the O.I.C., Khunta Police station was involved in a vigilance case wherein the present petitioner was a witness for which he was pressurised time and again not to depose against the said 0. I. C. Having failed in his attempt, the O. I. C. on 10-4-1996 at about 8 a. m. arrested the petitioner on the strength of a non-bailable warrant issued in Criminal Misc. Case No. 65/94 and detained him in police hazat whole day and night and did not forward him to Court in spite of repeated requests by his relatives. Not only he refused to forward him but contrary to all norms he absused the complainan