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Judgment
5 paragraphs · 107 words
1.
The Public Prosecutor states that the accused is a Sub-Overseer of the Public Works Department and belongs to the class of lower
Subordinates and under Rules 54, 293 (s) and 423 of the rules of the Public Works Department, 9th Edition, he can be appointed or removed by
the Superintending Engineer without reference to the Local Government. This being so, the Deputy Magistrate was wrong in refusing to entertain
the complaint for want of sanction, u/s 197 of the Code of Criminal Procedure.
2.
We set aside his order and direct him to re-take the complaint on his file and deal with it according to law.