1. The short point that arises for consideration in this Reference is as to the precise scope of S.197 of the Code of Criminal Procedure and whether in the circumstances of this case cognizance of the complaint under S.500, Indian Penal Code , could have been taken by the Magistrate in the absence of sanction by the State Government. The learned Magistrate held that he could. The II Addl. Sess. Judge, Thana, however, ruled otherwise and has made this Reference under S.438, CrPC.

2. The brief facts giving rise to the present Reference are as follows : The complainant claims to be an advocate and a member of the Kalyan Municipality and a social worker. On 3-1-1968 he filed the present complaint against the two accused alleging that they committed an offence under S.500, I.P.C., on 2-1-1968 at about 6-30 p.m., when accused No. 1 performed the opening ceremony of a centre of distributing milk, powder at Kalyan, at the instance of the local Rotary Club. Accused No. 1 is a Minister of the Maharashtra Cabinet while accused No. 2 is the President of the Zilla Parishad, Thana. According to the complaint, after accused No. 1 declared the Centre as opened and proceeded to make a speech, the c