JUDGMENT 1. - By way of instant revision petition, petitioner Madhav Singh, Sub Inspector of Police, has challenged the order dated 19.6.2003 passed by the ACJM, Begun rejecting petitioner's application under Section 197 CrP.C. 2. The relevant facts of the case are that second respondent Ram Chandra filed a complaint in the Court of A.C.J.M., Begun on 31.3.98 stating inter alia that on 27.3.98, Hari Singh along with Narpat Singh Bhati Addl. S.P. Rawatbhata, Kailash Chandra Vijayvargiya Circle Inspector Rawatbhata, Sehadur Singh Circle Inspector Begun, Madhav Singh Sub Inspector Begun (petitioner) and Khet Dan Ujjawal Dy. SP. Begun and to police officials arrived at his residence and dispossessed him from the house. They also removed the domestic articles from the house. The complainant was also illegally arrested. The learned Magistrate by order dated 22.5.98 issued process against the accused persons including petitioner. On behalf of petitioner, an application u/s 197 CrPC. was submitted stating that as his act was in discharge of his official duty, in absence of sanction by the State Government, his prosecution is wholly without jurisdiction and as such, he deserves to be discharged. The learned magistrate rejected the application on the ground that the police party has acted under the directions of Jagir Court, which is not a competent authority to pass the order of dispossession. 3. A reading of the complaint itself shows that the petitioner who is the Sub-inspector of Police, has acted under the directions of higher police authorities in compliance of an order passed by a Jagir Court. It is observed by the learned Magistrate that the Jagir Court was not competent to pass an order of dispossession. I am of the view that the protection contemplated by Section 197 of the Code of Criminal Procedure cannot be construed too narrowly. The sine qua non for applicability of Section 197 Cr.P.C. is that the:.'fence charged, be it one of commission or omission, must be one committed by the public servant either in his official duty or under the superior of his office held by him. It was not for a police authority to critically examine as to whether the Jagir Court was competent to pass such an order or not. The use of criminal force as alleged by the complainant definitely related to the performance of the petitioner's official duties inasmuch as he was following the directions of his superior authorities. It was not for a police authority to critically examine as to whether the Jagir Court was competent to pass such an order or not. The use of criminal force as alleged by the complainant definitely related to the performance of the petitioner's official duties inasmuch as he was following the directions of his superior authorities. If need be, I may refer-to a decision of this Court in 1991 CrLR (Raj.) 563. Thus, I am of the i pinion that the prosecution of the petitioner in absence of sanction by the State Government is without jurisdiction. The continuance of proceedings against him is an abuse of the process of the Court. 4. Consequently, the revision petition is allowed. The order of the A.C.J.M., Begun dated 19.6.2003 is quashed and set aside. The application filed by the petitioner Madhav Singh under Section 197 CrPC is allowed. He ands discharged in Criminal Case No. 161/98 pending in the Court of CJM, Begun.Revision Allowed - Order of CJM Set Aside - Accused Discharged. *******