Case Note & Summary
The petitioner, Ramnarayan s/o Bansilal Mundada, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking quashing of the chargesheet bearing R.C.C. No.384/2015 pending before the Judicial Magistrate First Class, Paithan. The chargesheet was filed by respondent No.2, Sandeep s/o Dashrath Shirsat, who was the Seed Inspector of Panchayat Samittee, Paithan, alleging offences under the Seeds Act, 1966. The petitioner contended that the Seed Inspector had not obtained prior sanction from the State Government as required under Section 24 of the Seeds Act, 1966, before filing the complaint. The court, after hearing the parties, examined the provisions of Section 24 of the Seeds Act, 1966, which mandates that no prosecution for an offence under the Act shall be instituted except with the previous sanction of the State Government or an officer authorized by it. The court found that the Seed Inspector had not obtained such sanction, and therefore, the complaint and the entire proceedings were void ab initio. The court allowed the petition, quashed the chargesheet, and set aside the proceedings. The judgment was delivered by a division bench comprising Justice S.S. Shinde and Justice Mangesh S. Patil on 11th December 2017.
Headnote
A) Criminal Procedure - Quashing of Chargesheet - Lack of Sanction - Section 24 Seeds Act, 1966 - The petitioner sought quashing of chargesheet R.C.C. No.384/2015 pending before Judicial Magistrate First Class, Paithan, on the ground that the Seed Inspector filed the complaint without obtaining prior sanction from the State Government as mandated under Section 24 of the Seeds Act, 1966. The court held that the requirement of sanction is mandatory and its absence renders the complaint and entire proceedings void ab initio. The chargesheet was quashed and set aside. (Paras 1-5) B) Seeds Act, 1966 - Sanction for Prosecution - Section 24 - The court examined the provisions of Section 24 of the Seeds Act, 1966, which requires that no prosecution for an offence under the Act shall be instituted except with the previous sanction of the State Government or an officer authorized by it. The court found that the Seed Inspector had not obtained such sanction before filing the complaint. Held that the proceedings are without jurisdiction and liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the complaint and chargesheet filed by the Seed Inspector without prior sanction from the State Government under Section 24 of the Seeds Act, 1966 are maintainable and whether the criminal proceedings deserve to be quashed.
Final Decision
The petition is allowed. The chargesheet bearing R.C.C. No.384/2015 pending before the learned Judicial Magistrate, First Class, Paithan is quashed and set aside.
Law Points
- Sanction under Section 24 of Seeds Act
- 1966 is mandatory before filing complaint
- Complaint by Seed Inspector without sanction is void ab initio
- Quashing of criminal proceedings for lack of sanction
