IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35357 of 2008 Piyus Bhagat, Son of Banmali Bhagat, Resident of village Mishir Chak, PS Nautan, District Siwan --- Petitioner Versus 1. The State Of Bihar. 2. Ram Parvesh Singh, Sub-Inspector (Officer Incharge), Nautan P.S., District Siwan. 3. D.N. Mistri, Assistant Sub-Inspector, Nautan PS, District Siwan --- Opposite Parties ----------- 2 14.7.2011 The petitioner is aggrieved by the order dated 5.3.2008, passed by the District & Sessions Judge, Siwan. In this case, the complaint has been filed against the police official charging him for the offence of forcefully retaining the petitioner and taking signature on a piece of paper in order to facilitate a compromise in the criminal case. The Sessions Judge has observed that the Chief Judicial Magistrate ought to have considered whether sanction was required before taking cognizance of this offence. The law on this issue is quite clear. Unless the official charged for an offence, has committed an act in the course of his duty, it cannot be said that he would be protected by Section 197 of the Code of Criminal Procedure. This being the position, the Chief Judicial Magistrate has to examine whether the accused persons acting in course of their duty before taking cognizance and considering whether it is necessary to obtain sanction before cognizance. The order of the Sessions Judge is modified by the observations given by this Court. This application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)