filed in accordance with
the provisions of Section 198(2) of the Code of Criminal Procedure.
2. The contention of the petitioner is that ... that since the offence under Section 497 IPC is
an offence against marriage, as per Section 198 of Cr.P.C., the court shall
take
198 of the Cr.P.C, the learned Magistrate has to resort to the procedure provided under Chapter XV of the Code in order ... procedure that should be followed by a Magistrate on forwarding the complaint filed under Section 190 or Section 198 of the
Criminal Procedure--Defamation-Facts stated in the charge
not mentioned in the complaint-Separate complaint if
necessary Code of Criminal Procedure ... Criminal Procedure
complied with. In our opinion the provisions of that
section are mandatory. Even in s. 238 of the Code of
Criminal Procedure
Chokkappa . It was held in that case that Section 198 , old Cr.P.C . which was the same as present Section 199 , ... aggrieved person entitled to maintain the complaint within the meaning of Section 198 , Cr.P.C. ( Section 199 of the present Cr.P.C ). Explanation
Section 198B of the Code of Criminal Procedure, 1898
undergoing sweeping changes in the Code of Criminal Procedure ,
1973.
13. We have carefully considered ... Code of Criminal Procedure, 1898, as it
originally stood in the Code of Criminal Procedure , 1898 read as
follows:
“198. No Court shall take cognizance
Basheerbad Police
Station, Cyberabad, without following the procedure laid down under
Section 41-A of Cr.P.C., trying to apprehend the petitioners herein ... complaint. In support of his contention, he
relied on Section 198-A of Cr.P.C.
7. According to Section 198-A of
adoption]."
9. It is clear from the provisions of Section 198 of
Cr.P.C., that court cannot take cognizance of an offence
punishable ... present criminal writ
petition, Neha would be an aggrieved person. In terms
of clause (c) of sub section (1) of Section 198 of
proceedings for the offence under Section
497 of IPC based on Section 198(1) of Cr.P.C., as the Court is
incompetent to take ... petitioners for the offence punishable under
Section 497 IPC based on 198(1) of Cr.P.C . and requested to pass
appropriate orders
made by the person aggrieved by the
offence, as per Section 198(1) Cr.P.C. As per Section 198
(1)(c) ... going through the provisions contained in
Sections 198(1) Cr.P.C. and 198(1)(c) Cr.P.C ., it is evident
that the cognizance
Chapter XX of IPC and
therefore sanction under Section 198 of the Criminal Procedure Code is
mandatory for prosecuting. Further it is also contended that ... maintainable for want of sanction under Section 198
of the Code of Criminal Procedure.
Therefore, this petition is allowed. The entire proceedings
