Section 196 in The Code of Criminal Procedure, 1973
196. Prosecution for offences against the State and for criminal conspiracy to commit such offence ... under section 153-A, [section 295-A or sub-section (1) of section 505] [Substituted by Act 63 of 1980, Section 3, for "Section
shall have the powers referred to in sub- section (3) of section 155 ."
11. Section 196 I.P.C. is absolute and unequivocal which ... offences punishable under Sections 153-A, 153-B, Section 295-A or Sub-sections (1), (2) and (3) of Section 505 ,IPC.
In the present
offence punishable under section 153-B or sub- section (2) or sub- section (3) of section 505 of the Indian Penal Code ... powers referred to in sub-section (3) of Section 155."
33. A perusal of Section 196 Cr.P.C., clearly shows that it contemplates
Section is Section 190 . It is noticed that
while Section 190 specifies the genus of the procedure to be adopted
for taking cognizance, Section 196 ... procedure covered under Section 190 (a) or (b) of sub-Section (1)
CrPC .
It is also clarified that the prohibition under Section 196
offence under Section 295 (A) IPC is
concerned no sanction under Section 196 Cr.P.C. against the accused for
the said offence has been ... offence
under Section 295 (A) IPC as against the accused persons, where is this
Sanction given by the State under Section 196
Court in tune with Sections 196 and
196-A of the Code of Criminal Procedure SVT., 1989 (hereinafter referred
to as “ CrPC ... CrPC , 1989 and the Code of Criminal Procedure , 1898
(hereinafter referred to as “ CrPC , 1898”):
Section 4 of the CrPC
shall have the powers referred to in sub-section (3) of
section 155."
9
Section 196 Cr.P.C. employs the expression ... Court shall take cognizance"
employed in Section 196 of the Code of Criminal
Procedure (for short ' CrPC ') and the consequential
complainant moved
an application U/s 156(3) Cr.PC and complaint U/s 200 Cr.PC r/w
section 190 Cr.PC before ... application U/s 156(3) Cr.PC and
complaint U/s 200 Cr.PC for want of requisite sanction U/s 196
IPC and U/s 3, 4, 5 Explosive
Substance Act after obtaining sanction U/s 7
23
Explosive Substance Act and U/s 196 ... IPC and U/s 4, 5 Explosive Substance Act after
obtaining sanction U/s 7 Explosive Substance Act
and U/s 196 Cr.PC . This
State Government". So also, Section
196 of the Code of Criminal Procedure enacts a bar against taking cognizance
of any offence punishable under Chapter ... Governor acted in exercise of
powers conferred by sub-Section (1) of Section 196 Cr.P.C. read with the
Government of India, Ministry
