Karnataka High Court
Miraj Rabbani @ Syed Miraj Rabbani vs The State Of Karnataka And Anr on 19 June, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:3995
CRL.P No. 201641 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201641 OF 2023 (482)
BETWEEN:
MIRAJ RABBANI @ SYED MIRAJ RABBANI
S/O MOHAMMAD ISMAIL SYED,
AGE. 57 YEARS,
OCC: TEACHER AND AGRICULTURIST,
R/O. NO. 7 MNO 1ST STREET
CHARMINAR MAZID ROAD,
SHIVAJI NAGAR,
BENGALURU NORTH-560 051.
STATE KARNATAKA.
...PETITIONER
(BY SRI KEDAR M DESAI, ADVOCATE)
Digitally
signed by AND:
SHILPA R
TENIHALLI
Location: 1. THE STATE OF KARNATAKA
HIGH
COURT OF THROUGH BIDAR TOWN P S
KARNATAKA KALABURAGI CITY,
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH,
KALABURAGI-585 102.
2. KAISAR REHMAN
S/O SHEIK IBRAHIM,
AGE: 81 YEARS,
OCC: GENERAL SECRETARY,
OF JAMATULA-ULM HIND AND
PRESS REPORTER,
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NC: 2024:KHC-K:3995
CRL.P No. 201641 of 2023
RESIDENCE OF HARSHAH GUNJ,
BIDAR-585 403.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
R2 DIED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THE PETITION BY SETTING ASIDE THE ORDER OF
TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE U/SEC.
295(A) OF IPC IN CRIME NO. 102/2007 OF BIDAR TOWN P.S.
AGAINST THE PETITIONER ON DATED 17.02.2008 IN CC NO.
497/2009 PENDING BEFORE THE HONOURABLE COURT OF
ADDL. CHIEF JUDICIAL MAGISTRATE AT BIDAR,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.2 is before this Court under Section 482 of Cr.P.C with a prayer to quash the entire proceedings in CC No.497/2009 pending before the Court of Addl. Chief Judicial Magistrate, Bidar arising out of Crime No.102/2007 registered by the Bidar town Police Station, Bidar for the offence punishable under Section 295(A) of IPC.
2. Heard learned counsel for both parties.
3. FIR in Crime No.102/2007 was registered by Bidar Town Police Station, Bidar against two persons for -3- NC: 2024:KHC-K:3995 CRL.P No. 201641 of 2023 the offence punishable under Section 295(A) of IPC on the basis of the first information dated 08.09.2007 received from Sri.Kaisar Rehaman, who is now deceased. The police after investigation have filed charge sheet against two persons named in the FIR for the aforesaid offence. The petitioner herein was absconding and a split up case was registered against him in CC No.497/2009 and accused No.1 was tried in CC No.100/2008 before the jurisdictional Court and he was acquitted by the said Court by judgment and order dated 26.12.2011. Being aggrieved by the proceedings in the split up criminal case, which is pending, the petitioner is before this Court.
4. Learned counsel for the petitioner submitted that there is no sanction obtained under Section 196 of Cr.P.C. in the present case and therefore, the registering of criminal case against the petitioner is bad. He submitted that the accused No.1 has already been acquitted for the very similar charges and therefore, no purpose would be served in continuing the criminal proceedings. Hence, he prays to allow the petition. -4-
NC: 2024:KHC-K:3995 CRL.P No. 201641 of 2023
5. Per contra, learned High Court Government Pleader has opposed the prayer made in the petition. However, he has not disputed the submission made by learned counsel for the petitioner.
6. Section 196 of Cr.P.C. reads as follows:
"196. Prosecution for offences against the State and for criminal conspiracy to commit such offence-
(1) No Court shall take cognizance of--
(a) any offence punishable under Chapter VI or under section 153-A, section 295-A or Sub-Section (1) of section 505 of the Indian Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence, or
(c) any such abetment, as is described in section 108-A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.
(1-A).No Court shall take cognizance of--
(a) any offence punishable under section 153-B or Sub-Section (2) or Sub-Section (3) of section 505 of the Indian Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.-5-
NC: 2024:KHC-K:3995 CRL.P No. 201641 of 2023 (2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120-B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceeding;
Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary. (3) The Central Government or the State Government may, before according sanction under Sub-Section (1) or Sub-Section (1-A) and the District Magistrate may, before according sanction under Sub-Section (1-A) and the State Government or the District Magistrate may, before giving consent under Sub-Section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in Sub-Section (3) of section
155."
7. A reading of the aforesaid provision of law makes it clear that, no Court shall take cognizance of the offence under Section 295(A) of IPC, unless there is a sanction obtained from the competent authority. In the present case, requirement of Section 196 of Cr.P.C. is not complied. Therefore, the Trial Court could not have taken cognizance of the alleged offences against the accused. -6-
NC: 2024:KHC-K:3995 CRL.P No. 201641 of 2023
8. The material available on record would go to show that the accused No.1 was tried for similar charges by the Trial Court in CC No.100/2008 and he is already acquitted and the said judgment and order of acquittal has attained finality. Under these circumstances, no purpose would be served in continuing the impugned proceedings. Accordingly, the following order:
ORDER a. The Petition is allowed.
b. Entire proceedings in CC
No.497/2009 pending before the
Court of Addl. Chief Judicial
Magistrate, Bidar arising out of Crime No.102/2007 registered by the Bidar town Police Station, Bidar for the offence punishable under Section 295(A) of IPC is quashed.
Sd/-
JUDGE NJ List No.: 1 Sl No.: 12