filed the counter affidavit and interacted with the complainant
in her capacity of a Presiding Officer, ICC. The correctness of
the allegations with regard to the conduct of the appellant need
not be ascertained herein by this Court but the fact that she was
acting in her official duty is sufficient to hold that a prior
sanction from the department was in fact necessary before the
Magistrate taking cognizance against her. The Magistrate
therefore erred in proceeding to take cognizance against the
appellant without the sanction for prosecution being received
from BIS, and since BIS has eventually refused to grant sanction
for the prosecution of the appellant, the prosecution against the
appellant could not have been sustained.”
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