Case Note & Summary
The case arose from an appeal by the State of Karnataka against a judgment of the Karnataka High Court that quashed criminal proceedings initiated against Pastor P. Raju under Section 153-B of the Indian Penal Code (IPC). The FIR was lodged by R.N. Lokesha, alleging that Pastor Raju attempted to convert individuals from Hinduism to Christianity during a festival celebration. Following the FIR, the police registered a case and arrested the respondent, who was subsequently remanded to judicial custody. The respondent's bail application was rejected on the grounds that the offence was non-bailable. The respondent filed a petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) to quash the proceedings, arguing that prior sanction from the Central or State Government was necessary before initiating proceedings under Section 153-B IPC. The High Court agreed, leading to the appeal by the State. The Supreme Court analyzed the provisions of the Cr.P.C., particularly Section 196(1-A), which mandates prior sanction for cognizance of certain offences. The Court clarified that while prior sanction is required for taking cognizance, it does not apply to the registration of a case or police investigation. The Court emphasized that the High Court's quashing of the proceedings was erroneous as it interfered with the police's statutory powers to investigate a cognizable offence. The Supreme Court ultimately allowed the appeal, setting aside the High Court's order and reinstating the criminal proceedings against the respondent.
Headnote
A) Criminal Procedure - Cognizance of Offences - Requirement of Previous Sanction - Code of Criminal Procedure, 1973, Section 196(1-A) - The High Court quashed proceedings against the respondent on the ground of lack of prior sanction for prosecution under Section 153-B IPC. The Supreme Court held that no prior sanction is required for registration of a case or investigation by police, and the High Court erred in quashing the proceedings (Paras 5-10).
Issue of Consideration
Whether prior sanction is required for initiating criminal proceedings under Section 153-B IPC.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and reinstated the criminal proceedings against the respondent under Section 153-B IPC.
Law Points
- Cognizance of offences
- Previous sanction requirement
- Quashing of proceedings
- Judicial custody
- Police investigation powers
