Sh. B.S. Thind And Etc. vs State Of H.P. And Anr. on 6 April, 1992
22. There is another aspect of the case on which the Chief Judicial Magistrate has opined that it will be only after evidence is adduced by both the parties whereby the complainant respondent proves his case and the petitioners establish their defence and also that they have acted in discharge of their official duty that question of sanction can be determined. For taking this view, he has referred to a Supreme Court judgment in State of Bihar v. Shri P.P. Sharma, (1991) 2 JT 147 : AIR 1991 SC 1260 : 1991 Cri LJ 1438. In para 68 of this judgment, K. Ramaswamy, J., has observed :--