Being aggrieved by that order passed by the High Court, this appeal has been filed.
The High Court quashed the proceedings as against respondent No.3.
It is the case of the appellant that her restaurant was demolished by respondent No.3 and her husband the second respondent herein.
Leave granted.
The High Court, however, held that the matter will proceed against respondent No.2, husband of respondent No.3.
The appellant herein has grievance against respondent No.3 who is the Sarpanch of Village Dhanin, District Rajsamand in the State of Rajasthan.
Respondent Nos.2 3 filed a petition under Section 482 of the Code of Criminal Procedure before the Rajasthan High Court being Criminal Miscellaneous Petition No.758 of 2007, for quashing the proceedings initiated before the Magistrates Court, companytending that as far as respondent No.3 is companycerned, the demolition was in discharge of the official duties of respondent No.3 as a public servant and prior sanction of the State Government was to be obtained and therefore she companyld number be prosecuted.
Therefore, she initiated necessary proceedings before the Magistrates Court.
Heard Mr. Amit George, learned companynsel in support of this appeal, Mr. Ram Naresh Yadav, learned companynsel for the State of Rajasthan and Mr. Rishabh Sancheti, learned companynsel appearing for the companytesting respondent No.3.
