Order.- This revision is directed, against the order of the Chief Judicial Magistrate, Coimbatore, in Criminal M.P. No. 5 of 1978 discharging the 12th accused in C.C. No.417 of 1977 on his file which was a private complaint filed by the revision petitioner herein. The 12th accused/respondent is an Inspector of Police. The contention urged before the learned Chief Judicial Magistrate was that sanction from State Government has to be obtained for prosecuting 12th accused who is an Inspector of Police and such sanction having not been obtained, the prosecution of 12th accused is bad, and, therefore, the 12th accused should be discharged. The Learned Chief Judicial Magistrate was of the view that the Inspector of Police “is a gazetted officer and as such only the State Government can remove him from service and under those circumstances sanction has to be obtained from the Government for prosecuting him and that not having been done, the respondent/12th accused has to be discharged. In the end, he allowed the petition and discharged the I2th accused. The complainant/revision petitioner is aggrieved and has filed this revision. 2. The order of the Learned Chief Judicial Magistrate, Coimbatore is not sustainable. Section 197 of the Code of Criminal Procedure Code runs thus: ”197 (1). When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him white no acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction: (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of Union, of the Central Government: (b) in the case of a person who is employed or at the case may be, was at the time of commission of the alleged offence employed, in connection with the a flairs of a state of the State Government. (2) * * * * (3) * * * * (4) * * * * The question is whether the Inspector of Police, the 12th accused, is removable only by the State Government. (2) * * * * (3) * * * * (4) * * * * The question is whether the Inspector of Police, the 12th accused, is removable only by the State Government. My attention was invited to section 10 of the Tamil Nadu District Police Act. 1859 which is to the following effects: “10 Dismissal, suspension or reduction of officers of the Subordinate Police. Subject to the provisions of Article 311 of the Constitution and to such rules as the State Government may from time to make under this Act, the Inspector-General, Deputy Inspectors-General and District Superintendents of Police may at any time dismiss, suspend on reduce to a lower post, or time scale, or to a lower stage in time scale, any officer of the Subordinate Police when they shall think remise or negligent in the discharge of his duty or otherwise unfit for the same and may order the recovery from the pay of any such police officer of the whole or part of any pecuniary loss caused to Government by his negligence or breach of orders.” 3. The Inspector of Police is a Subordinate Police Officer. The expression “Subordinate Police Officer” shall include all police officers of and below the rank of an Inspector (See section 1, Interpretation of Tamil Nadu District Police Act, 1859). Therefore, the Inspector-General, Deputy Inspector-General or District Superintendent of Police may dismiss or reduce to a lower post, or time scale, or to a lower stage in time scale, any officer of the Subordinate Police whom they shall think reraise or negligent in the discharge of his duty. It is, therefore, clear that no sanction of the State Government for the prosecution of the 12th accused/respondent is necessary. The order of the Chief Judicial Magistrate is incorrect. The revision is, therefore, allowed and the order of the Chief Judicial Magistrate is set aside. He will proceed with the trial of the case before him and dispose it of as expeditiously as possible.