I do not think the Sub Divisional Magistrate was right in holding that the sanction of Government was necessary in this case under S. 197 of the Code of Criminal Procedure. In sending his report under S. 45, the Village Munsif is not acting in his capacity as Magistrate, being there called specifically a village headman, nor is he a public servant removeable only by or with the sanction of a local Government [See Pichai Pillai v. Balasundara Mudaly(1)]. But the Sub Divisional Magistrate might well have dismissed the complaint under S. 203 after putting a few questions to the complainant. It is a complaint filed five months after the police investigation was over, and a mere glance at it is enough to show that the complainant has made no serious attempt at stating any facts which if proved in evidence would support a conviction. In these circumstances I see no reason to interfere and dismiss this petition.
N.R.RPetition dismissed.