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8. No doubt, there is prima-facie evidence against the applicant, who negligently switched on the current in the electric wire without inquiring the fact whether Kapil Kushwaha had completed the work of repairing electric line or not.

9. Learned JMFC Court took cognizance for the offence punishable under Section 304-A of IPC read with Section 34 of IPC against the applicant on the basis of documents filed along with the charge sheet. The applicant in this petition also objected on that he filed an application under Section 197 of Cr.P.C. because he is a public servant and during that period he was on public duty. The act of the applicant covers under protection of Section 197 of Cr.P.C. The trial Court has not considered that fact on merit and simply dismissed the application on the basis that Court has already taken cognizance in the case and the Court cannot review the order of cognizance later on.

10. Considering the order dated 28.03.2019, it reveals that learned JMFC Court simply dismissed this application filed under Section 197 of Cr.P.C. on the ground that cognizance has already been taken on 17.08.2017 and applicant belatedly filed application under Section 197 of Cr.P.C. The Court cannot review the order dated 17.08.2017 and fixed the case for argument before the charge. This Court finds that charge has not been framed against the applicant. The case was fixed for argument before charge and at that stage the applicant filed an application under Section 197 of Cr.P.C. The Court can consider the application under Section 197 of Cr.P.C. before framing the charge, this is a proper stage where learned JMFC Court can decide the application filed under Section 197 of Cr.P.C. on merits because the applicant filed an application for giving protection under Section 197 of Cr.P.C. on the basis of that, at the time of incident he was public servant and he was doing public duty and in furtherance of public duty, incident happened.

11. Learned trial Court dismissed the application on the ground that Court has taken cognizance vide order dated 17.08.2017 and cannot review that order. This Court finds that this order is not sustainable in the eye of law. The Court can consider the objection under Section 197 of Cr.P.C. before framing the charge. In the present case, trial commenced at the stage of framing of charge. Trial Court may consider the objection raised under Section 197 of Cr.P.C. before commencing trial, on the basis of foregoing discussion, this Court is of the view that the trial Court erred in dismissing the application under Section 197 of Cr.P.C. vide order dated 28.03.2019.

13. Accordingly, this petition filed under Section 482 of Cr.P.C. is hereby partly allowed. Order dated 28.03.2019 passed by the trial Court is hereby set aside. The Court of JMFC is directed to hear both the parties on the application filed under Section 197 of Cr.P.C. and pass an order on merits and if the trial Court finds that Sanction under Section 197 of Cr.P.C. is required, stop the proceedings and grant time to the prosecution to obtain sanction and if prosecution fails to obtain the sanction within a reasonable time and sanction is necessary before commencing trial, the trial Court may proceed further as per law.