Karnataka High Court
Malikrehan S/O. Allauddinsab Hulgur vs The State Of Karnataka on 18 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2023:KHC-D:14791
CRL.P No. 102246 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102246 OF 2023
BETWEEN:
MALIKREHAN S/O. ALLAUDDINSAB HULGUR,
AGE: 23 YEARS, OCC: WAITER,
R/O. KARADGI VILLAGE, TQ: SAVANUR,
DIST: HAVERI, PIN-581118.
...PETITIONER
(BY SRI. SADIK KANVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY SAVANUR PS, TQ: SAVANUR,
DIST: HAVERI,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
Digitally signed
2. GADIGEPPA S/O. RUDRAPPA KURAVATTI,
AGE: 43 YEARS, OCC: BUSINESS,
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.21
16:22:58 +0530
R/O. KARADAGI VILLAGE,
TQ: SAVANUR, DIST: HAVERI,
PIN-581118.
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. SACHIN C. KULKARNI, &
SRI. VINAYAK S. KULKARNI, ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED
IN SAVANUR PS CRIME NO. 140/2020 AND ALL CONSEQUENTIAL
PROCEEDINGS INITIATED AGAINST THE PETITIONER PENDING ON
THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC SHIGGAON IN
-2-
NC: 2023:KHC-D:14791
CRL.P No. 102246 of 2023
C.C. NO. 806/2023 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 153B, 505(2) OF IPC, 1860.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought quashing of the FIR and the complaint in Savanur Police Station Crime No.140/2020 and all consequential proceedings initiated against the petitioner in CC No.806/2023 pending on the file of the learned Civil Judge and JMFC, Shiggaon, registered for the offences punishable under Sections 153B and 505(2) of the Indian Penal Code (hereinafter referred to as 'the IPC', for short).
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State. Counsel for respondent No.2 not present.
3. Respondent No.2, who is District President of Sri Ram Sena, Haveri, has filed first information and on that basis, a case came to be registered in Savanoor Police Station Crime No.140/2020 against this petitioner for -3- NC: 2023:KHC-D:14791 CRL.P No. 102246 of 2023 offences under Sections 153B and 505(2) of IPC and ordered to register criminal case against him and accordingly CC No.1037/2021 came to be registered against this petitioner and it is pending on the file of the learned Civil Judge and JMFC, Shiggaon. The petitioner has sought for quashing of the proceedings of the said criminal case.
4. The learned counsel appearing for the petitioner would contend that, the learned Magistrate has erred in taking cognizance of the offence under Sections 153B and 505(2) of IPC without there being sanction as required under sub-section(1) of Section 196 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C', for short). With this he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader appearing for respondent No.1 would contend that sanction of the Government was not obtained as required under Section 196(1A) of Cr.P.C.
6. Having heard the learned counsel for the parties, the Court has perused the material placed on record. -4-
NC: 2023:KHC-D:14791 CRL.P No. 102246 of 2023
7. Charge sheet has been filed against the petitioner for offences under Sections 153B and 505(2) of IPC. Previous sanction of the Central Government or the State Government or of the District Magistrate is required for taking cognizance of the offence under Sections 153B and 505(2) of IPC. Section 196 of Cr.P.C. reads thus:
"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, 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 -5- NC: 2023:KHC-D:14791 CRL.P No. 102246 of 2023 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 4 [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 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 sanction 5 [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."
8. The learned Magistrate took cognizance of the offence under Section 153B and 505(2) of IPC in the absence of the sanction order as required under sub- section(1A) of Section 196 of Cr.P.C. Sanction is a pre- -6-
NC: 2023:KHC-D:14791 CRL.P No. 102246 of 2023 requisite to prosecute any person for offence punishable under Section 153B or 505(2) of IPC. Without the sanction order, the learned Magistrate has taken cognizance of the said offences which is contrary to law. Therefore, the proceedings initiated against the petitioner stands vitiated.
9. In the result, the following:
ORDER The petition is allowed.
The entire proceedings in CC No.806/2023 pending on the file of the learned Civil Judge and JMFC, Shiggaon, are hereby quashed.
Sd/-
JUDGE kmv