Karnataka High Court
Mr. Vishwanath. G.P vs The State Of Karnataka And Anr on 6 January, 2022
Author: V.Srishananda
Bench: V.Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.201547/2021
BETWEEN:
Mr.Vishwanath G.P.
S/o Lt.Gangappapatani
Aged : 32 years, Occ : Social Worker,
R/a No.523, 8th Cross,
4th Main, Jai Maruthi Nagara,
Nandini Layout, Bangalore - 560 096.
... Petitioner
(By Sri Mohan Chandra and
Smt.Preeti Sharma, Advocates)
AND:
1. The State of Karnataka,
By PSI of Gandi Chowki Police Station,
Represented by the
Addl. State Public Prosecutor,
High Court of Karnataka, Kalaburagi Bench.
2. Mr. Laxman Jadav,
Aged about 54 years,
S/o Sukhdev Jadhav,
R/at Chandabavadi Road,
Venkataramanahalli, Vijayapura.
... Respondents
(By Sri Sharanabasappa M.Patil, HCGP)
2
This criminal petition is filed under Section 482 of
Cr.P.C praying to quash the entire proceedings passed by
the court of 1st Addl. Civil Jude and JMFC-1, Vijayapura in
C.C.No.6342/2021 for taking cognizance of the offences
punishable under Sections 504 and 505(2) of IPC on the
basis of the charge-sheet filed by the respondent No.1 in
pursuance of FIR in Crime No.217/2020 of Gandhi Chowk
Police Station and quash all further proceedings in the
above case.
This petition coming on for Admission this day, the
Court made the following hearing:
ORDER
Heard Sri Mohan Chandra learned counsel for petitioner and learned High Court Government Pleader for respondent No.1/State.
2. The present petition is filed under Section 482 of Cr.P.C with the following reliefs :-
To quash the entire proceedings passed by the court of 1st Addl. Civil Jude and JMFC-1, Vijayapura in C.C.No.6342/2021 for taking cognizance of the offences punishable under Sections 504 and 505(2) of IPC on the basis of the charge-sheet filed by the respondent No.1 in pursuance of FIR in Crime No.217/2020 of 3 Gandhi Chowk Police Station and quash all further proceedings in the above case.
3. Brief facts of the case are as under :-
Upon the complaint lodged by one Laxman Jadav, a case came to be registered in Crime No.217/2020 by Gandhi Chowk Police Station, Vijayapur for the offences punishable under Sections 504 and 505(2) of Indian Penal Code. In the complaint, it is contended that on 21.11.2020 at about 7.30 p.m. the Vishwanath (petitioner herein) who has a Face Book account abused Bassavanagouda Patil Yatnal who is the sitting MLA of Vijayapur in filthy language and made public about the said comment in the Face book on public flat-form and whereby he provoked the regional caste, created enmity between the locals and thereby disturbed the public peace and tranquility. Police after registering the case has filed the charge-sheet against the present petitioner who is the accused in the case.4
4. Learned Magistrate after receipt of the charge- sheet, has passed the following order on 20.05.2021, which reads as under :-
"The FIR and original complaint are merged in the charge-sheet.
Perused the charge-sheet. There are sufficient materials to proceed against the accused person. Hence, cognizance is taken U/sec.190(1)(B) of Cr.P.C for the offence punishable U/sec.504, 505(2) of IPC."
5. Sri Mohan Chandra, learned counsel for the petitioner being aggrieved by the said order sought for quashing of the said order on the ground that there is no compliance of the provision of Section 196(1)(a) of Cr.P.C.
6. He also pointed out that for the offence punishable under Section 505 of IPC prior sanction is necessary and so also investigation is improper as there is no compliance of Section 196(3) of Cr.P.C.
7. Per contra, learned High Court Government Pleader supports the case of the prosecution. 5
8. In order to appreciate the rival contentions of the parties, it is necessary for this Court to quote Section 196 of Cr.P.C which reads as under :-
"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 153A, 2[section 295A 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 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.
[(1A) No Court shall take cognizance of-
(a) any offence punishable under section 153B 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.] (2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal code (45 of 1860), other than a criminal conspiracy to commit 2[an 6 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 proceedings:
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 3 sanction [under sub- section (1) or sub-section (1A) and the District Magistrate may, before according sanction under sub- section (1A)] 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.
9. On careful perusal of the above provision it is crystal clear that before a cognizance is taken by the learned Magistrate for the offence punishable under Section 505 IPC, prior sanction under Section 196(1)(a) of Cr.P.C is necessary. Further, before such a sanction could be granted preliminary investigation to be conducted in respect of the offence punishable under Section 505 of IPC, the Competent Authority must authorize the person as is contemplated under Section 196(3) of Cr.P.C. 7
10. In the case on hand, as could be seen from the material on record, especially charge-sheet materials, there is no sanction order nor there is any mention made in the charge-sheet so as to find-out that the competent person as is contemplated under Section 196(3) of Cr.P.C was permitted to carry out the investigation after conducting the preliminary investigation. Accordingly, the charge sheet is vitiated and further action thereof is also non-est. Hence, the following :
ORDER Petition is allowed.
Charge-sheet filed by the Gandhi Chowk Police Station, Vijayapur in Crime No.217/2020 for the offences punishable under Sections 504 and 505(2) of IPC and cognizance taken by the learned Magistrate in pursuance thereof by order dated 20.05.2021 in C.C.No.6342/2021 arising out of Crime No.217/2020 is hereby quashed. However, this order shall not prevent the investigation agency to comply the provisions of Section 196 of Cr.P.C 8 and investigate the matter afresh and file necessary charge-sheet in accordance with law.
Sd/-
JUDGE sn