GURDEV SINGH, J.

1. The Public Prosecutor instituted a complaint in the Court of the Sessions Judge, Hissar, under Ss. 500 and 501, Penal Code against the respondents Shrimati Kartar Devi and Chatar Singh for the publication of a news item in the issue of Hindi monthly Harijan Pukar," dated 1st November. 1964, which was alleged to be defamatory of Shri G. L. Nagpal, Sub-Divisional Magistrate, Sirsa. On an objection being taken by the accused that the sanction accorded for their prosecution was not valid, the learned Sessions Judge has refused to proceed with the trial and quashed the proceedings against the respondents by his order, dated 31.07.1965.

2. The Code of Criminal Procedure, 1898, as amended in the year 1955, makes a special provision for the trial of offences of defamation of public servants in respect of their conduct in discharge of public functions by the Court of Session in accordance with the procedure laid down in S. 198B of the Code. Sub-section (3) thereof lays down:

"198B (3). No complaint under sub-s. (1) shall be made by the Public Prosecutor except with the previous sanction.- (a) in the case of the President or the Vice-President or the Governor of