This High Court allowed an application under Section 482 Cr.P.C. quashing criminal proceedings initiated without the mandatory sanction of the State Government required for offences under Sections 147 and 295-A IPC.
Quashed the orders of cognizance dated 29.08.2017, 02.07.2018, 22.12.2022, and the revisional order dated 04.12.2023.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 13188 of 2024
Applicant :- Jahiruddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the criminal proceedings of criminal case no. 1109 of 2017 (State Vs. Shakir and others) related to case crime no. 304/2017 u/s 147, 295-A IPC, Police Station Nagina District Bijnor and also quash the impugned order of cognizance dated 29.08.2017, impugned order dated 02.07.2018 and impugned order dated 22.12.2022 passed by learned ACM Nagina, Bijnor in the aforesaid case and also quash the order dated 04.12.2023 passed by Additional Session Judge Court No. 3, Bijnor in criminal revision no. 06/2023 (Jahiruddin Vs. State of U.P. and another).
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of criminal case no. 1109 of 2017 (State Vs. Shakir and others) related to case crime no. 304/2017 u/s 147, 295-A IPC, Police Station Nagina District Bijnor pending in the court of learned ACJM Nagina, Bijnor during the pendency of this case before this Hon'ble Court.
Or pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
accused, whereas an unknown person has also been arraigned as an accused.
under Section 482 Cr.P.C.
"1. As prayed by the learned A.G.A., put up again as fresh on 12.09.2024.
2. By the next date, the learned A.G.A. shall obtain specific instructions as to whether sanction was accorded by the State Government qua the criminal prosecution of applicant or not. "
"Section 196 Cr.P.C. - 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, section 295A 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.
1[(1A). No Court shall take cognizance of—
(a). any offence punishable under section 153B or Sub-Section (2) or SubSection (3) of section 505 of the Indian Penal Code (45 of 1860), or
(b). a criminal conspiracy to commit such offence,
except with the previous sanction of the Central Government or of the State
Government or of the District Magistrate.
(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceeding; Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.
(3) The Central Government or the State Government may, before according sanction under Sub-Section (1) or Sub-Section (1A) and the District Magistrate may, before according sanction under Sub-Section (1A) and the State Government or the District Magistrate may, before giving consent under Sub-Section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in Sub-Section (3) of section 155."
of Section 196(1)(a) Cr.P.C. could have been abandoned by the jurisdictional Magistrate on the ground noted above. In view of above, both the Courts below have erred in law and fact in rejecting the application filed by the applicant with the prayer that the proceedings are barred under Sections 196(1)(a) and 196(3)Cr.P.C.
Order Date :- 20.9.2024
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 issue framed by the court
Whether a Magistrate can take cognizance of offences under Section 147 and 295-A IPC without prior sanction of the State Government as mandated by Section 196(1) Cr.P.C.
3 provisions across 2 enactments
Jahiruddin
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
