JUDGMENT :

G.B. Patnaik, J. - In both these applications, the accused is common and identical question of law is involved though the complainants are different persons. Since identical question of law is involved in both these applications, they were heard together and are being disposed of by this common judgment.

2. The petitioner was at the relevant time a Deputy Superintendent of Police posted at Bolangir and in that capacity served at Bolangir from 3-11-1978 till 15-5-1981. In these two applications he has invoked the inherent jurisdiction of this Court to quash the cognisance taken against him in two complaint cases, namely ICC. No. 109 of 1980 and ICC. No. 108 of 1980 and also to quash both the criminal proceedings, mainly on the ground that section 197 of the Code of Criminal Procedure (hereinafter referred to as the "Code") prohibits taking of such cognisance without sanction of the State Government and also on the ground that the Magistrate committed error in relying on the report of another Judicial Magistrate in an enquiry under section 202 of the Code.

3. While the petitioner was continuing as the Deputy Superintendent of Police at Bolangir, there were some public agitati