IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32240 of 2010 JAGARNATH JHA, SON OF BISHWANATH JHA, RESIDENT OF DUBHA, P.S. SAKRA, DISTT. MUZAFFARPUR. ------- PETITIONER. Versus THE STATE OF BIHAR ----------- 2. 04.03.2011 Heard the parties. The petitioner seeks quashing of the order dated 19.8.2010 passed by the Additional Sessions Judge-III, Samastipur, in Sessions Trial No. 829 of 2007 by which an application under Section 227 Cr. P.C. has been disallowed. It has been submitted that the petitioner in discharge of his official duty had to resort to firing on account of which the deceased died and he had reported such a matter before the Police on account of which another First Information Report was also instituted. The submission therefore is that in the facts of the case, sanction would be required under Section 197 Cr. P.C. as also that being a Police Officer, if he is prosecuted for discharge of his official duty, it would be difficult for anyone to discharge their duty. However, since there is specific averment that the petitioner has resorted to firing on account of which the deceased died and these factual aspects could only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)