whether sanction under Section 197 of Code of Criminal Procedure is necessary or not is to be settled in the light of the test laid down by the Apex Court. The complaint reveals that first respondent as an advocate, accompanied his client to the office of the petitioner, the DySP. As per paragraph 5 of the complaint, petitioner had called the client alone and first respondent was waiting outside. It is alleged that while questioning the accused in that case, petitioner used abusive language and wanted the accused to hand over the gold ornaments and money to his wife, who filed the petition before the petitioner. In paragraph 6, it is alleged that while hearing the abuse, first respondent entered the room of the petitioner disclosing that he is an advocate practising in Attingal Courts and he is appearing for the the accused before the Family Court and the wife had filed a petition before the Family Court and also a complaint alleging an offence under Section 498A of Indian Penal Code and it is for the court to resolve the dispute. Then petitioner using abusive language, defamed, scolded and threatened the first respondent. It is on that basis, it is alleged that the offences were committed. On that admitted case, it is clear that petitioner was discharging his official duty as the DySP as he was questioning the accused on receipt of a petition against him. First respondent was not
