1 IN THE HGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.992/2010 (Mukesh Choudhary Vs State of Raj. & Ors.) Date of Order : 29.07.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. T.R.S. Sodha, for the petitioner. Mr. Anil Joshi, Public Prosecutor. Heard learned counsel for the petitioner and perused the order of cognizance as well as the order passed by revisional Court. The revisional Court has rightly considered the evidence which is recorded by the trial Court for taking cognizance against the petitioner. In my opinion, no error has been committed by both the Courts below while passing the impugned orders. The contention of learned counsel for the petitioner is that petitioner is police constable and he went on place of occurrence for discharging his official duties, therefore, as per 2 Section 197 Cr.P.C., there is protection available to the petitioner that before taking cognizance against him, prosecution sanction is necessary. In my opinion, the petitioner is required to file an application before the concerned trial Court after appearance. In that event, learned trial Court will decide his application as per facts of case and provisions of law. With these observation, this misc. petition is dismissed. (GOPAL KRISHAN VYAS), J arun