Allahabad High Court
Jaswant Singh Mehra And Others vs State Of U.P. And Another on 14 January, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- U/S 482/378/407 No. - 1415 of 2010 Applicant :- Jaswant Singh Mehra And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Sinha,Siddharth Sinha Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
The present petition under Section 482 Cr.P.C. has been filed filed by the petitioners, who at the relevant time were working as employees of M/s Domino's Pizza India Limited (Now Jubilant Food Works Limited) challenging the charge sheet filed in Case No.751 of 2010, registered at Crime No.262 of 2009, under Section 295-A IPC of Police Station Mohanlalganj, District Lucknow and the cognizance order dated 11.2.2010 passed by the Special Chief Judicial Magistrate, Lucknow.
An FIR against the petitioners came to be registered at Case Crime No.262 of 2009, under Section 295-A IPC on a complaint dated 23.4.2009 by respondent no.2, who was working as Assistant Professor, Nuclear Medicine Department, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow alleging that on 18.4.2009, he ordered one Non Veg Extravaganza Pizza and one Veg. Margherita Pizza from Domino's by making telephone call at 9 PM. It was further said that a specific request was made that ham/pork meat should not be used. However, after pizza was delivered at the complainant's home, on eating he could realise that they had used pork and, therefore, he called the Domino's Pizza. The Domino's Pizza accepted its mistake and said that by mistake the pork had been used in the Pizza ordered by the complainant. Police after investigating the offence, filed the charge sheet.
Learned counsel for the petitioners submits that for taking cognizance for an offence under Section 295-A IPC, there has to be a sanction by the Central Government/State Government/District Magistrate and without sanction, the cognizance could not be taken for an offence under Section 295-A IPC.
Section 196 Cr.P.C. 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, 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
(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 1 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 2 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."
Learned counsel for the petitioners submits that there was no previous sanction by the State Government/District Magistrate and, therefore, the order of cognizance is bad in law inasmuch as it was barred by Section 196 Cr.P.C.
This fact has not been disputed by the learned AGA as well as counsel for respondent no.2 that there was no sanction by the State Government/District Magistrate before taking cognizance by the learned Magistrate.
In view thereof, since there is specific bar provided under Section 196 Cr.P.C. for taking cognizance for an offence under Section 295-A IPC, it would be appropriate to quash the order of cognizance.
Thus, the petition is allowed and the cognizance order dated 11.2.2010 passed by the Special Chief Judicial Magistrate, Lucknow in Case No.751 of 2010, registered at Crime No.262 of 2009, under Section 295-A IPC of Police Station Mohanlalganj, District Lucknow, is hereby quashed.
Order Date :- 14.1.2020/Rao/-