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Judgment
King, J.—I do not think the Sub. divisional Magistrate was right in holding that the sanction of Government was necessary in this case u/s
197, Criminal P.C. In sending his report u/s 45, the Village Munsif is not acting in his capacity as Magistrate, being there called specifically a
Village Headman, nor is he a public servant removable only by or with the sanction of a Local Government: see Pichai Pillai and Others Vs.
Balasundara Mudaly and Others, . But the Sub-divisional Magistrate might well have dismissed the complaint u/s 203 after putting a few questions
to the complainant. It is a complaint filed five months after the police investigation was over, and a mere glance at it is enough to show that the
complainant has made no serious attempt at stating any facts which if proved in evidence would support a conviction. In these circumstances I see
no reason to interfere and dismiss this petition.