N. P. SINGH, J. ( 1 ) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the cognizance as also Criminal Case No. 45 of 1994 pending in the Court of the Chief Judicial Magistrate, Mandla. ( 2 ) ON 26. 12. 1991 the non-applicant filed a complaint against the applicants alleging that on 26. 11. 1991 all the three applicants along with police force had demolished a protion of the construction of his house in course of anti-encroachment drive and carried away 15 G. I. Sheets. ( 3 ) THE complaint was registered under Sections 427, 451 and 380/34 of the Indian Penal Code and process were issued against the applicant under Section 204 of the Code of Criminal Procedure calling upon the applicant to appear anti face the trial. ( 4 ) SHRI S. L. Kochar, learned Counsel for the applicants, has contended that the applicant No. 1 is S. D. O. Civil, applicant No. 2 is Assistant Engineer in P. W. D. and applicant No. 3 Naib Tehsildar. All the applicants are public servants within the meaning of Section 21 of the Indian Penal Code. The non-applicant had encroached the government land and had made construction thereon. A regular proceedings under Section 248 of the M. P. L. R. C. was initiated against the non-applicant for removal of the encroachment, and the encroachment was removed by the applicants in discharge of their official duties. It is evident that protection of Section 197 of the Code of Criminal Procedure was available to them, and no prosecution could have been launched against the applicants without obtaining the sanction from the Government. The complaint lodged against the applicants suffers from fundamental defects for want of sanction. ( 5 ) THE Apex Court in the case of Smt. Nagawwa v. Veeranna Shivlingappa Konjalgi and Others, has observed that issuing of process under Section 204 of the Code of Criminal Procedure is fit to be quashed when the complaint suffers from inherent defects for want of sanction. ( 6 ) FOR the reasons mentioned aforesaid, the prosecution launched against the applicants without obtaining sanction as contemplated under Section 197 of the Code of Criminal Procedure is bad in law and the order issuing process cannot be sustained. Accordingly it is quashed and in the result the petition is allowed. ( 6 ) FOR the reasons mentioned aforesaid, the prosecution launched against the applicants without obtaining sanction as contemplated under Section 197 of the Code of Criminal Procedure is bad in law and the order issuing process cannot be sustained. Accordingly it is quashed and in the result the petition is allowed. Certified copy be given on payment of requisite charges. Petition allowed. .