Case Note & Summary
The petitioners, P. Venkataraghavan (alias Keshav) and Kasturi & Sons Limited (the publisher of 'The Hindu' newspaper), were arraigned as accused nos. 1 and 2 in C.C. No. 1333/2007 pending before the II Additional Civil Judge (Jr. Dn.) and JMFC, Gulbarga. The respondent, Habeeb Khan, had filed a complaint before the Roza Police alleging commission of an offence under Section 153A of the Indian Penal Code (IPC) based on a publication in 'The Hindu' dated 24.11.2001. The police investigated and filed a charge sheet, and the Magistrate took cognizance of the offence. The petitioners approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the entire proceedings. The respondent and his counsel remained absent. The learned counsel for the petitioners argued that the prosecution under Section 153A IPC could not proceed without the prior sanction of the Central or State Government as required under Section 196(1) CrPC. The court examined the records and found that no such sanction had been obtained. The court held that the requirement of sanction under Section 196 CrPC is mandatory and jurisdictional, and its absence renders the cognizance and all subsequent proceedings void ab initio. Accordingly, the court allowed the petition, quashed the order dated 28.06.2007 taking cognizance, and quashed the entire proceedings in C.C. No. 1333/2007.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 196 CrPC - Mandatory Sanction - Prosecution for offence under Section 153A IPC requires prior sanction of the Central or State Government under Section 196(1) CrPC - In the absence of such sanction, the Magistrate's order taking cognizance and the entire proceedings are without jurisdiction and liable to be quashed - Held that the proceedings are quashed (Paras 5-6).
Issue of Consideration
Whether the proceedings under Section 153A IPC can be sustained in the absence of sanction under Section 196 CrPC
Final Decision
The petition is allowed. The order dated 28.06.2007 passed by the II Additional Civil Judge (Jr. Dn.) and JMFC, Gulbarga, in C.C. No. 1333/2007 taking cognizance of the offence is quashed. Consequently, the entire proceedings in C.C. No. 1333/2007 against the petitioners are quashed.
Law Points
- Sanction under Section 196 CrPC is mandatory for prosecution under Section 153A IPC
- Lack of sanction renders cognizance and proceedings void ab initio
- Section 482 CrPC can be invoked to quash proceedings for want of sanction
Case Details
2015 LawText (KAR) (02) 1
Criminal Petition No. 15632/2012
R. Shanmuga Sundaram (Senior Counsel for petitioners), D.P. Ambekar, R.S. Lagali (Advocates for petitioners), M.I. Dafedar (Advocate for respondent - absent)
P. Venkataraghavan (alias) Keshav and Kasturi & Sons Limited
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C. No. 1333/2007 for offence under Section 153A IPC
Remedy Sought
Petitioners sought quashing of the order dated 28.06.2007 taking cognizance and the entire proceedings in C.C. No. 1333/2007
Filing Reason
Petitioners were accused in a case under Section 153A IPC based on a publication in 'The Hindu' newspaper dated 24.11.2001; they contended that no sanction under Section 196 CrPC was obtained
Previous Decisions
The II Additional Civil Judge (Jr. Dn.) and JMFC, Gulbarga, took cognizance of the offence on 28.06.2007 in C.C. No. 1333/2007
Issues
Whether the proceedings under Section 153A IPC can be sustained in the absence of sanction under Section 196 CrPC
Submissions/Arguments
Learned counsel for petitioners argued that prosecution under Section 153A IPC requires prior sanction under Section 196(1) CrPC, and in its absence, the cognizance and proceedings are without jurisdiction and liable to be quashed
Ratio Decidendi
The requirement of sanction under Section 196(1) CrPC for prosecution under Section 153A IPC is mandatory and goes to the root of the jurisdiction of the court. In the absence of such sanction, the order taking cognizance and all subsequent proceedings are void ab initio and liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The records disclose that the respondent/complainant had filed a complaint before Roza Police alleging commission of the offence by the petitioners under Section 153(A) of IPC stating that, on 24.11.2001, there was a publication in 'Hindu' -
In the absence of such sanction, the order taking cognizance and the entire proceedings are without jurisdiction and liable to be quashed.
Procedural History
The respondent filed a complaint before Roza Police alleging offence under Section 153A IPC based on a publication in 'The Hindu' dated 24.11.2001. Police investigated and filed charge sheet. The II Additional Civil Judge (Jr. Dn.) and JMFC, Gulbarga, took cognizance on 28.06.2007 in C.C. No. 1333/2007. Petitioners filed Criminal Petition No. 15632/2012 under Section 482 CrPC before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of the proceedings.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 153A
- Code of Criminal Procedure, 1973 (CrPC): 196, 482
