Code of Criminal Procedure, 1973–Sec. 197–Protection under–Availability–Respondent no. 2 was working as a police officer–Magistrate inquired the matter and found that the public was aggressive and assailant–Respondent-police officer hooked over some serious offences–Some unsocial elements were named in FIR–When “K” was called the police station, the public made the obstrucle on the High Way and threw the stones on police party–Some of the police officers sustained the injuries–When the mob became out of control, police fired and the petitioner sustained the injury–Act was committed in order to save the life of police employees and protect the public property–Held, the act was done in discharge of official duty–Trial Court did not consider these aspects–It was not justified in taking the cognizance without obtaining the prosecution sanction–Order was rightly set aside by appellate Court.
