Karnataka High Court
Atul Kumar Sabarwal @ Madhugiri Modi vs The State Of Karnataka on 16 June, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.23230 OF 2021 (GM-RES)
BETWEEN:
ATUL KUMAR SABARWAL @
MADHUGIRI MODI
AGED ABOUT 47 YEARS
S/O RAMACHANDRAPPA
R/A HONNAPURA VILLAGE
DODDERI HOBLI
MADHUGIRI TALUK
TUMAKURU DISTRICT - 572 132.
... PETITIONER
(BY SRI MADHUSUDHAN ADIGA B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOME (CRIMES)
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE STATION HOUSE OFFICER
MADHUGIRI POLICE STATION,
TUMAKURU DISTRICT - 572 132.
... RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.170/2017 VIDE
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ANNEXURE-A, THE SUBSEQUENT CHARGE SHEET IN
C.C.NO.1356/2018 VIDE ANNEXURE-B AND ALL THE
PROCEEDINGS PERTAINING TO C.C.NO.1356/2018 PENDING ON
THE FILE OF THE HONORABLE ADDITIONAL CIVIL JUDGE
(JR.DVN.) AND JMFC MADHUGIRI, TUMKUR DISTRICT VIDE
ANNEXURE-B AND C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in crime No.170/2017, which is now being tried as C.C.No.1356/2018, before the Additional Civil Judge (Jr. Dn.) and JMFC, Madhugiri, Tumkur, for the offences punishable under Sections 153A, 504, 506 of the IPC, Section 2 of the Prevention of Insult to National Honours Act, 1971 and Section 67 of the Information Technology Act, 2000.
2. Heard Sri Madhusudhan Adiga B., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for the respondents.
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3. Brief facts of the case leading to the filing of the petition as borne out from the pleadings are as follows:
The complainant - PSI received an information that the petitioner has uploaded several videos on his facebook account, which are provocative, the statements are made against one particular community, which are conducive and ignites communal rivalry. Based on the complaint, the police have filed charge sheet before the trial Court.
4. The offences as afore-quoted are punishable under Section 153A of the IPC. To prosecute a person under Section 153A of the IPC, sanction under Section 196(1) of the Cr.P.C. is imperative. Section 196(1) of the 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 153A of Indian Penal Code, or 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 4
(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."
In the facts obtaining from the case at hand, it is an admitted fact that there has been no sanction accorded by the Central Government or the State Government for prosecution of the petitioner for the said offence.
5. Insofar as other offences alleged against the petitioner under Sections 504 and 506 of the IPC, which is an offshoot of the allegations which is made under Section 153A of the IPC, so also the offence under Section 67 of the I.T.Act, as no sanction is accorded for the primary offence punishable under Section 153A of the IPC, further proceedings if permitted to be continued would be an abuse of the process of law and result in miscarriage of justice.
6. For the aforesaid reasons, the following:
ORDER i. The writ petition is allowed. 5 ii. The proceedings in crime No.170/2017, which is now being tried as C.C.No.1356/2018, before the Additional Civil Judge (Jr. Dn.) and JMFC, Madhugiri, Tumkur, stand quashed.
Sd/-
JUDGE nvj CT:MJ