It is Endeavour of any civilized society to be governed by rule of law and which necessarily requires ‘Law”. Precedents have been recognized as one of the source of law. Judges make law is now acknowledge concept. Important limb of “Rule of Law” is the even application of laws and by following precedents this object of Rule of Law is also achieved[2] But the recent Judgment in Anil kumar v/s M K Aiyappa [3] has weakened the credibility of judicial precedent by holding that magistrate can not direct for registration of FIR agains public servants without sanction in view of bar contained in section 197 of I P C and section 19 of PC Act 1988 is against the judgment of state of Karanataka v/s P P Raju[4]in which this issue was decided but without considering the above judgment of co-equal bench give a irrational judgment which is totally against the age old concept of judicial ethics, discipline and judicial propriety and this judgment is sure to be reversed by supreme court in coming days. Such type of decisions lower down the dignity of judicial precedent . In order to understand the increasing weakening circumstance of judicial precedents in India it will be better to understand the meaning and concept of judicial precedent prevailing in the country.