Case No. 23 of 1997 dated 27.2.1997 under various sections including Section 295A and 307 of the Indian Penal Code was registered against the four ... offences under Section 341 , 342 , 379 , 307 / 34 of the Indian Penal Code. The appellant was separately charged under Section 295A / 504 of the Indian
provision as contained in Section 196A of the Criminal
Procedure Code, has taken cognizance of the offence punishable under
Section 295A of the Indian Penal ... offence punishable under Chapter VI or under
Section 153A, section 295A or sub-section (1) of section 505 of the
Indian Penal Code
punishment prescribed for the offence under Section 153A
of the Indian Penal Code, three years, under Section 295A of the Indian Penal Code-
three years ... sanction [under sub-section (1) or sub-section
(1-A) and the District Magistrate may, before according sanction
under sub-section
offence in terms of
Sections 13, 18, 20, 38 & 39 of U.A. (P) Act and sections 120B and
295A of IPC are made ... Thereby A-1 committed offences U/s 120B of IPC & Sections 120B of
IPC r/w Section 295A of IPC and Sections
insulting its religion or religious belief, the offence punishable under
Section 295A of the Indian Penal Code is not made out against the
petitioner ... under Section
506 of the Indian Penal Code is made out against the petitioner.
35. So far as the offence punishable under Section 295A
public.
9. It is further submitted that the offence punishable under Section
295A of IPC is also not made out against the petitioner ... offence punishable under Section 153A of IPC is not made out.
18. So far as the offence punishable under Section 295A of IPC is
concerned
parties had married as per Muslim rites, no offence under section 295A of
the Indian Penal Code is made out and neither the offence under ... amply clear that it is clearly a property dispute.
11. Regarding section 295A of the Indian Penal Code, the learned
counsel for the appellants
provisions made
under Section 196 of Cr.P.C. He took the Court to the said Section and
submits that Section 196 clearly provides that ... powers referred to in sub-section
(3) of section 155."
9. Looking into the provisions made in Section
outraging of the religious feelings of
any class, offence under Section 295A gets attracted. Therefore, most
important ingredient for attracting the offence is deliberate ... referred to herein above.
Thus, the question of committing offence under Section 295A of the
Indian Penal Code, in the facts and circumstances stated above
which learned
Magistrate has taken cognizance of the offence punishable under
Section 295A of IPC even though there is no sanction as envisaged
under Section ... Section 196 (1) (a) of the CrPC,
learned CJM, Seraikella has committed a gross illegality by taking
cognizance of the offence punishable under Section 295A
