Case Note & Summary
The petitioner, Smt. Shashikala, a sitting Member of the Legislative Assembly (MLA), filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of criminal proceedings initiated against her in CC No. 2990/2023 arising out of Crime No. 52/2023 registered by Nippani Town Police Station on 10.05.2023. The FIR alleged offences punishable under Section 171(E) of the Indian Penal Code, 1860 (IPC) and Section 123 of the Representation of People Act, 1951 (RPA). The petitioner was arrayed as accused No. 2. The core legal issue was whether the proceedings could continue without the mandatory sanction required under Section 155(2) CrPC for the IPC offence and Section 196 CrPC for the RPA offence. The petitioner argued that as a public servant, prosecution under Section 171(E) IPC requires prior sanction from the Governor under Section 155(2) CrPC, and prosecution under Section 123 RPA requires sanction under Section 196 CrPC. The State opposed the petition, but the court found merit in the petitioner's contention. The court held that the absence of sanction is a fatal defect and the proceedings are an abuse of process of law. Consequently, the court allowed the petition and quashed the entire proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 155(2) CrPC - Mandatory Sanction - Prosecution of a public servant for an offence under IPC requires prior sanction from the Governor under Section 155(2) CrPC. The court held that the absence of such sanction vitiates the proceedings and they are liable to be quashed. (Paras 3-5) B) Representation of People Act - Corrupt Practices - Section 123 RPA - Bribery - The offence under Section 123 of the Representation of People Act, 1951 is a corrupt practice. Prosecution for such offence requires sanction under Section 196 CrPC. The court held that without such sanction, the proceedings cannot continue. (Paras 3-5) C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashment - The High Court can exercise its inherent powers to quash proceedings that are an abuse of process of law. The court quashed the proceedings against the petitioner due to lack of mandatory sanction. (Para 5)
Issue of Consideration
Whether criminal proceedings against a sitting MLA for alleged bribery under Section 171(E) IPC and Section 123 of the Representation of People Act, 1951 can be quashed for want of mandatory sanction under Section 155(2) CrPC and Section 196 CrPC?
Final Decision
The petition is allowed. The entire proceedings in CC No. 2990/2023 pending before the Civil Judge and JMFC Court, Nipani, arising out of Crime No. 52/2023 of Nippani Town Police Station, are quashed insofar as the petitioner/accused No. 2 is concerned.
Law Points
- Sanction under Section 155(2) CrPC is mandatory for prosecution of public servants for offences under IPC
- Section 196 CrPC for offences under RPA
- 1951
- Quashment under Section 482 CrPC for lack of sanction
- Representation of People Act
- 1951 Section 123
- IPC Section 171(E)
