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Judgment
The only question that arises for consideration is whether before taking cognizance on the basis of the complaint filed, sanction is required to be obtained under Section 197 Code of Criminal Procedure. The learned Magistrate has considered the entire material and has come to the conclusion that the entry of the accused person inside the premises was on the basis of an order passed by the CJM, Buxar, and therefore the act complained of is intrinsically connected with the discharge of the official duty. In this view of the finding, it must be held that Section 197 Code of Criminal Procedure gets attracted, even if the alleged act was in excess of the discharge of the official duty. In that view of the matter, we are not inclined to interfere with the impugned order. The special leave petition is dismissed. The complainant may approach the sanctioning authority for getting sanction under Section 197 Code of Criminal Procedure if he is so advised and on such an application being made, the appropriate authority must deal with the same in accordance with law as expeditiously as possible.