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 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 magistrate took cognizance of the offence and issued process. 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 magistrate took cognizance without the mandatory sanction under Section 196 CrPC, which requires prior sanction of the Central or State Government for prosecution of offences against the State or promoting enmity between groups. The court examined the records and found that no such sanction was obtained. The court held that Section 196 CrPC makes it mandatory to obtain sanction before taking cognizance of an offence under Section 153A IPC. Since the magistrate took cognizance without sanction, the order was illegal and void ab initio. Consequently, 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 - Offence under Section 153A IPC - The court held that for prosecution under Section 153A IPC, prior sanction of the Central or State Government is mandatory under Section 196 CrPC. In the absence of such sanction, the order taking cognizance is illegal and the entire proceedings are liable to be quashed. (Paras 4-6) B) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The court held that where cognizance is taken without the mandatory sanction under Section 196 CrPC, the proceedings are void ab initio and can be quashed under Section 482 CrPC to prevent abuse of process of court. (Paras 5-6)
Issue of Consideration
Whether the order taking cognizance of the offence under Section 153A IPC and the entire proceedings can be quashed for want 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 are quashed.
Law Points
- Sanction under Section 196 CrPC is mandatory for prosecution under Section 153A IPC
- Cognizance without sanction is void ab initio
- Proceedings can be quashed under Section 482 CrPC for lack of sanction
