K. L. SHRIVASTAVA, J.

( 1 ) THIS revision petition is directed against the order dt. 6-2-1984 passed by the 1st Additional Sessions Judge, Ujjain in Criminal Revision No. 114 of 1983 whereby allowing the revision filed by the non-applicant it has been held that cognizance of the offence under S. 323 of the I. P. C. against the non-applicant cannot be taken without prior sanction as required under S. 197 (1) of the Cr. P. C. 1973 (for short 'the Code' ).

( 2 ) CIRCUMSTANCES giving rise to the revision petition are these. During the 'simhashtha' of 1980 at Ujjain the non-applicant who belongs to Indian Police Service (I. P. S.) was Addl. Superintendent of Police, Ujjain. He was officer-in-charge of the Simhashtha fair. Under the All India Services (Discipline and Appeal) Rules 1969 a member of I. P. S. is removable from service with the sanction of the Central Govt.

( 3 ) ACCORDING to the petitioner, when on 26-4-80 at about 10. 30 p. m. he was returning on his motor cycle through the fair area on way to his residence, the non-applicant stopped him and questioned him as to why he had come on the prohibited route. The petitioner had a pass issued by the Superintendent of Police. He sho

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