Uttarakhand High Court
C482/699/2022 on 18 May, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
C-482 No.699 of 2022 Hon'ble Ravindra Maithani, J.
Mr. Mohd. Safdar, Advocate for the petitioner.
Mr. V.K. Jemini, Deputy Advocate General for the State/respondent no.1.
The challenge in this petition is made to the cognizance order dated 31.05.2021, passed in Criminal Case No.5279 of 2021, State vs. Jishan Alam, pending in the court of Chief Judicial Magistrate, Haridwar. Cognizance under Section 295-A IPC has been taken against the petitioner.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner would submit that in view of Section 196 of the Code of Criminal Procedure, 1973 (for short, "the Code"), cognizance of offence under Section 295-A IPC cannot be taken except on the previous sanction of the Central Government or the State Government.
It is argued that such sanction has not been obtained with the State Government.
Let learned State counsel seek instruction on this point alone, as to whether, sanction as required under Section 196 of the Code has been taken or not?
List on 21.05.2022, just after fresh.
(Ravindra Maithani, J.) 18.05.2022 Sanjay