196-A Criminal Procedure Code reads as follows:
"196-A No Court shall take cognizance of the offence of criminal conspiracy publishable under Section ... according the consent for th purposes of sub-Section (2) of Section 196-A Criminal Procedure Code, is passed by th Council of Ministers, authorise
offence under Section
295A IPC in the absence of sanction from the competent Central or State
Government Counsel in view of Section 196 ... Chapter VI or under Section 153A ,
[ section 295A or sub-section (1) of section 505 ] of the Indian Penal
Code
with Section 120-B IPC were asked
for, vide letter dated 02.03.2020 under Section 45 (1) of the 1967
Act read with Section 196 ... Retired Law Secretary, recommended sanction for
prosecution of the appellant under Section 13 & 20 of the 1967 Act
and not under Section
notification dated 25.2.1988 is issued in terms of the powers conferred by Section 3 referred to above. By this notification, the Administrator, U.T., Chandigarh ... statute, for instance granting sanction to the launching of prosecution under Section 196 Cr.P.C. or any other criminal law are to be submitted
prosecution of the petitioner, in the absence of sanction under Section
196 Cr.P.C. by the competent government is nothing but misuse of process ... bared as
per provision of Section 468 Cr.P.C. as the maximum punishment provided
under Section 295-A IPC is three years and there
appellant on 08.10.2022 under Sections 153-A , 153-B ,
120-B IPC, Section 13 of the UA(P) Act and Section 3 of the PDPA ... sanction from the competent authorities under Section
45 of the UA(P) Act and Section 196 CrPC.
3. The case of the appellant
IPC and Section 13 of the 1967 Act, thus,
supplementary challan was liable to be presented under Section 173 (8)
... since last 2 ½ years and no
sanction has been taken under Section 196 Cr.P.C. for the offences
punishable under Chapter VI or under
Section 196 of the Code of Criminal Procedure,
1973, which reads as under:-
"196. Prosecution for offences against the State and for
criminal conspiracy ... Chapter VI or under
section 153A, [Section 295-A or sub-section (1) of section 505]
of the Indian Penal Code
security of the State. No offence under
Sections 124-1 / 153-A IPC and Section 4(2) of the Terrorist and Disruptive
Activities (Prevention ... prepared but kept pending for want of prosecution sanction required under
Section 196 Cr.P.C
Learned State counsel on instructions from ASI Gurmail Singh
were not summoned under Sections 294 and 295-A IPC, the
petitioners-accused have filed the present petition under Section 482
Cr.P.C.
Vide ... summoned under Sections 294 and 295-A IPC in addition to Sections
323 , 295 read with Section 34 IPC.
As directed by learned Additional Sessions
