1. The instant petition is for impugning the order dated 30th August, 2006 passed by Judicial Magistrate First Class, Bhander in Criminal Case No. 74/04, whereby the learned Magistrate, while rejecting the ground taken on behalf of the petitioner under section 197 of CrPC, has ordered to frame a charge against him for the offence punishable under section 420, 467, 468, 120B of IPC.

2. Shri Gupta, the learned counsel for petitioner, has assailed the impugned order on two grounds :

1. That, section 3 of Judges (Protection) Act; 1985, (hereinafter referred to as the Act) no civil or criminal proceeding can be initiated against the petitioner because he was functioning as Judge, while passing the impugned order dated 2.9.1996.

2. That, the alleged act has been done by the petitioner in the capacity of his being a public servant, hence without prior sanction of section 197 CrPC, cognizance cannot be taken against him. In support, he has drawn attention on an order of this Court passed in Balram Bar Prasad Choubey and another v. Aswani Kumar Yadav and another [2001 (II) MPWN 154 = 2001 (3) MPLJ 363].

3. Shri Sahani, the learned counsel for State has submitted that vide order dated 19th