“ Reverting to the facts of the present case in the light of the principles of law flowing from the aforesaid judgments rendered by their Lordships of the Supreme Court, it is quite vivid that though the petitioner is not removable from the office save by or with the sanction of the Central Government, yet the learned Magistrate even did not deliberate on the issue as to whether sanction under Section 197 of the Cr.P.C. is required or not before taking cognizance of the offence, as it is the case of the petitioner (Rajesh Singh Rana) that being Chief Executive Officer, Zila Panchayat, Narayanpur, at the relevant point of time, he has no role in the said offence and he has unnecessarily been involved and being dragged, as such, the learned Magistrate was required to consider the applicability of the Section 197 of Cr.P.C. for the aforesaid offences against the petitioner. The learner Magistrate was required to decide whether the act which is done or omitted to be done by the petitioner/public officer requires sanction under Section 197 of the Cr.P.C., if so, the officer will be protected and leave under Section 197 of the Cr.P.C. would be necessary, however, if it is alleged that it is not in official capacity, the officer will not be protected,
