JUDGMENT 1. - Heard learned counsel for the petitioner. In a case under Section 409 and 491 IPC, the petitioner after the closure of the prosecution evidence, raised an objection that he was a public servant and without legal sanction he could not be prosecuted. The learned Magistrate by his order dated 15-7-1987 kept this objection pending and ordered that the same shall be decided along with the main case. This order has been challenged in this petition. As the court below has not given any finding, one way or other, on the objection which was raised by the petitioner, this Court cannot go into the merits of the objections. The only question which remains is that whether such an objection should be decided first or it should be decided along with the main case. In this connection the learned counsel for the petitioner has placed reliance on State of Rajasthan v. Girwar Dayal Dave, 1975 RLW P. 293 wherein it has been held that when the learned Special Judge had reached the conclusion that there was no valid sanction before the taking of cognizance in the case he was not justified in entering into the merits of the case. Considering this decision it can be said that the main case is not to be decided if the preliminary objection of the petitioner is found to be of substance. It will be therefore for the learned Magistrate to proceed in the case in a manner in which it may be said that no prejudice is caused either to the petitioner or to the State. If he arrives at the conclusion that there is no legal sanction for the prosecution of the petitioner then it is not necessary for him to discuss the merits of the case because the State will have another opportunity to launch a valid prosecution against the petitioner. In case the objection of the petitioner is not held to be fatal to his prosecution then the trial court may proceed to decide on the merits of the case also. With these observations this petition is disposed of. 2. A copy of this order be sent to the trial court.Order accordingly. *******