Accused-applicant Manoj Shrivastav, the then SDM, Mhow (presently posted as Collector, Indore), is aggrieved by the order dated 31.7.2000, passed in Revision (No. 47/ 1999) by 1st Addl. Sessions Judge, Mhow, setting aside the order dated 14.12.1998, passed by Addl. Chief Judicial Magistrate, Mhow, dismissing complaint filed by respondent No. 2 against the applicant and respondent No. 1 Devdatt Tripathi, the then SDO(P), Mhow, alleging commission of offence, u/ss. 341, 342, 500 r/w section 109 and 120B of IPC.

The incident is said to have taken place on 7.11.1990 when curfew was clamped in Mhow town. Respondent No.2, a local Advocate, was arrested by Police for alleged violation of the order of curfew, u/s 188 of IPC. Admittedly he has been acquitted of the said charge after trial.

Accused-applicant as also co-accused Devdatt Tripathi resisted their prosecution and raised objection that their prosecution is bad for want of sanction of the State Government u/ss. 196(2) and 197(1) of the Code of Criminal Procedure. The learned trial Magistrate upheld their objection and dismissed the complaint. However, in revision, the learned ASJ demolished the order of the Magistrate holdin