Karnataka High Court
Kumargouda S/O Hanumantagouda Patil vs The State Of Karnataka on 5 November, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:16152
CRL.P No. 101838 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 101838 OF 2023
BETWEEN:
KUMARGOUDA
S/O HANUMANTAGOUDA PATIL
AGE 40 YEARS
OCC DOCTOR
R/O SHIGGAON-SAVANUR ROAD
SHIGGAON, TQ SHIGGAON
DIST HAVERI, PIN CODE 581205
...PETITIONER
(BY SRI. B S KUKANAGOUDAR,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SHIGGAON POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
Digitally signed by HIGH COURT OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI DHARWAD BENCH
Location: HIGH DHARWAD 580011
COURT OF
KARNATAKA
2. TAKANAGOUDA
S/O VIRUPAXGOUDA PATIL
AGE 62 YEARS
OCC AGRICULTURE
R/O BANNUR, TQ SHIGGAON
DIST HAVERI, PIN CODE 581 205
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP, FOR R-1
R-2 SERVED AND UNREPRESENTED)
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NC: 2024:KHC-D:16152
CRL.P No. 101838 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF Cr.P.C. PRAYING TO QUASH THE CHARGE-SHEET IN CC NO.
196/2023 AND ALSO ORDER DATED 30.03.2023 TAKING
COGNIZANCE ON THE SAID CHARGE-SHEET FOR THE OFFENCE
PUNISHABLE UNDER SECTION 295-A PENDING ON THE FILE
OF SENIOR CIVIL JUDGE AND JMFC COURT, SHIGGAON,
AGAINST THE PETITIONER/ACCUSED NO.1 AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
1. This petition is filed by the sole accused under Section 482 Cr.P.C. praying to quash the charge sheet in C.C. No. 196/2023 and also order dated 30.03.2023 taking cognizance on the said charge sheet for offence under Section 295-A of IPC pending on the file of Senior Civil Judge and JMFC, Shiggaon.
2. Heard learned counsel for petitioner and learned HCGP for respondent - State.
3. Charge sheet came to be filed against the petitioner for offence under Section 295-A of IPC. On the basis of the said charge learned Magistrate has taken -3- NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023 cognizance for offence under Section 295-A of IPC by order dated 30.03.2023.
4. Learned counsel for petitioner would contend that as per sub-section (1) of Section 196 of Cr.P.C. cognizance cannot be taken without previous sanction of Central Government or State Government for offence under Section 295-A of IPC. He further submits that there is no previous sanction of Central Government or State Government. Learned HCGP does not dispute the fact that the Investigating Officer has not obtained any previous sanction by the Central Government or State Government.
5. Sub-section 1 of Section 196 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 153-A, section 295-A or sub-section (1) of section 505 of the Indian Penal Code 1860, or -4- NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023
(b) a criminal conspiracy to commit such offence, or
(c) any such abetment, as is described in section 108-A of the Indian Penal Code 1860, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
6. Sub-section 1 of Section 196 Cr.P.C. provides that cognizance cannot be taken for offence under Section 295-A IPC except with the previous sanction of the Central Government or State Government.
7. Charge sheet has been filed against the petitioner for offence under Section 295-A of IPC. On perusal of the charge sheet papers there is no previous sanction by the State Government or Central Government. Without considering this aspect learned Magistrate has taken cognizance against the petitioner for offence under Section 295-A of IPC. Therefore, the order of taking cognizance is bad in law. Hence, the order taking -5- NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023 cognizance and proceedings initiated against the petitioner in C.C. No. 196/2023 requires to be quashed.
8. In the result the following;
ORDER
i. Petition is allowed.
ii. The order of cognizance dated 30.03.2023 and proceedings in C.C. No. 196/2023 pending on the file of Senior Civil Judge and JMFC, Shiggaon against the petitioner are quashed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 19 Sl No.: 3