( 1 ) THIS is an application in revision by Karim Bux, a police constable of Fatehpur, who has been convicted Under Section 164, Penal Code, and sentenced to one years rigorous imprisonment and Rs. 100/- as fine by the Sessions Judge of Fatehpur hearing an appeal against the applicants conviction by a Magistrate not only Under Section 161 but also Under Section 384, Penal Code. The conviction Under Section 384, Penal Code, was set aside.

( 2 ) THE only point for consideration before me is whether there was a sanction to prosecute the applicant or not. The sanction to prosecute is required by Section 6 of Act II [2] of 1947 which runs as follows: section 6.-- "no Court shall take cognizance of an offence punishable Under Section 161 or section 165, Penal Code, or under Sub-section (2) of Section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction, (a ). . . . . . . . (b) in the case of a person who is employed in connection with the affairs of a Province and is not removable from his office save by or with the sanction of the Provincial Government or some higher authority, Provincial Government; (c) in the case of any oth