Criminal petition filed under Section 482 Cr.P.C to quash proceedings for misappropriation of MGNREGA funds. Court quashed cognizance due to lack of requisite sanction and reserved liberty for prosecution to obtain it.
Criminal petitions allowed. Order of cognizance and registration quashed. Liberty reserved to State to obtain sanction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No. 8088 OF 2023
BETWEEN:
T APPANNAGOWDA S/O LATE THIMMEGOWDA AGED ABOUT 58 YEARS SECRETARY GRAM PANCHAYAT OFFICE BAICHANAHALLY, RESIDING AT KIRAGADALU VILLAGE, ALUR TALUK HASSAN DISTRICT – 573 201.
…PETITIONER
(BY SRI. SANDEEP K, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
(BY SRI VENKATSATYANARAYANA, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.682/2016 PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE
AND JMFC, ARAKALAGUDU FOR THE OFFENCE P/U/S.408 AND 409 R/W SECTION 34 OF IPC AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for respondent Nos.1 and 2.
NC: 2023:KHC:38306 CRL.P No. 8088 of 2023
"7. The Hon'ble Apex Court in the case of D. Devaraja vs Owais Sabeer Hussain stated supra at paragraph-71 has held that, if the act alleged in a complaint purported to be filed against the policeman is reasonably connected to discharge of some official duty, cognizance thereof cannot be taken unless requisite sanction of the appropriate order is obtained under Section 197 of the Code of Criminal Procedure. At paragraph-72 it is held that the Trial Court has to examine whether sanction has been obtained and if not whether the criminal proceedings should be nipped in the bud. At Paragraph-74 it is held that it is well settled that an application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex-facie bad for want of sanction, frivolous or in abuse of process of court. "
ORDER
ii. The order of the learned Magistrate taking cognizance and registering criminal cases in all the C.Cs' impugned in all these petitions stands quashed.
iii. Liberty is reserved with the respondent-State to obtain sanction to prosecute the petitioners as specified under Section 197 of Cr.P.C in accordance with law.
Sd/-
JUDGE
GH
List No.: 1 Sl No.: 5
3 issues framed by the court
Whether criminal proceedings should be quashed for want of requisite sanction under Section 197 Cr.P.C.
If the absence of sanction makes the impugned order bad in law
What to do when liberty is reserved for the State to obtain sanction
Colour shows how this judgement treated each authority
D. Devaraja vs Owais Sabeer HussainRelied on¶30
D. Devaraja vs Owais Sabeer Hussain
5 provisions across 2 enactments
T Appannagowda
State of Karnataka
Sri Laxminarasimaiah
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
