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This application under Section 482 Cr.P.C. has been filed seeking quashment of criminal proceedings committed to the trial court by the Additional Sessions Judge, Dhar on 03.10.2016 passed in Sessions Trial No.199/2016 in the light of the order of the coordinate Bench of this Court on 12.09.2016 passed in M.Cr.C. No.6979/2016 paving way for prosecution of applicant under sections 147, 153/149, 153-A/149 and 188 IPC.

Learned senior counsel has made following submissions :-

(i) The offence under sections 124-A and 153-A IPC alongwith offence under sections 147, 153, 149 and 188 IPC were sought to be tried by the Judicial Magistrate First Class without sanction of the competent authority i.e. State Government as contemplated under section 196 Cr.P.C. The applicant, therefore, challenged the sustainability of the proceedings before this Court by filing M.Cr.C. No.6979/2016. This Court while accepting the contention, as aforesaid though discharged the applicant from offence under section 124-A IPC for want of sanction, but due to slip, the entire prosecution was not quashed related to offence under section 153-A IPC as well as other sections, viz; 147, 149 and 188 IPC. Therefore, the applicant had to again approach this Court by filing the instant M.Cr.C., seeking quashment of the proceedings.

Heard.

The two-fold question arises for consideration :-

(i) Whether in absence of the sanction of the State Government cognizance of an offence by competent court can be taken for an offence against delinquent as contemplated under section 196 Cr.P.C., if not, whether sanction accorded subsequently shall legalize the proceedings following the date of cognizance; and

(ii) Whether offence under sections 147, 149 and 188 IPC alleged alongwith offence 124-A, 153-A and 153-B can be tried without sanction being accorded by the State Government for offence under sections 124-A, 153-A and 153-B IPC as required under section 196 Cr.P.C.

For ready reference section 196 Cr.P.C. is quoted below :-

"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 2 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."

A bare perusal thereof suggests that no Court shall take cognizance of any offences punishable under Chapter 6 (124-A) or under section 153-A .........."

THE HIGH COURT OF MADHYA PRADESH (Sarfaraz Sheikh vs. The State of M.P.) Admittedly, no sanction was accorded by the State Government as on the date, when the trial court had taken cognizance of the aforesaid offence under sections 147, 153/149, 153 A/149 and 188 IPC. As such, the cognizance so taken was in excess of the jurisdiction of the trial court and has been rightly set aside by the coordinate Bench of this Court while deciding M.Cr.C. No.6979/2016 (supra). The contention of respondent's/State's counsel that subsequently sanction being accorded on 16.08.2016 the defect of want of sanction for offence under sections 153-A and 153-B IPC stands cured and proceedings cannot be continued for the simple reason that the requirement of sanction by State Government as contemplated under section 196 Cr.P.C. is before cognizance is taken and not subsequently. It is not an incidence of procedural irregularity which could be remedied retrospectively.