Allowed

Kumargouda S/O Hanumantagouda Patil v. the State of Karnataka

Karnataka HC5 Nov 2024CRL.P/101838/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of cognizance and proceedings in a charge sheet for offence under Section 295-A IPC. The court found no previous sanction of the Central or State Government had been obtained as required by Section 196(1) Cr.P.C., held the cognizance order bad in law and quashed the cognizance and the C.C. proceedings.

What did the court decide?

Order of cognizance dated 30.03.2023 and proceedings in C.C. No. 196/2023 against the petitioner quashed.

Kumargouda S/O Hanumantagouda Patil Vs the State of… — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 101838 OF 2023

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BETWEEN:

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KUMARGOUDA S/O HANUMANTAGOUDA PATIL AGE 40 YEARS OCC DOCTOR R/O SHIGGAON-SAVANUR ROAD SHIGGAON, TQ SHIGGAON DIST HAVERI, PIN CODE 581205

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…PETITIONER

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(BY SRI. B S KUKANAGOUDAR,ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH SHIGGAON POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD 580011

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TAKANAGOUDA S/O VIRUPAXGOUDA PATIL AGE 62 YEARS OCC AGRICULTURE R/O BANNUR, TQ SHIGGAON DIST HAVERI, PIN CODE 581 205

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…RESPONDENTS

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(BY SMT. GIRIJA HIREMATH, HCGP, FOR R-1 R-2 SERVED AND UNREPRESENTED)

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2 - NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF Cr.P.C. PRAYING TO QUASH THE CHARGE-SHEET IN CC NO. 196/2023 AND ALSO ORDER DATED 30.03.2023 TAKING COGNIZANCE ON THE SAID CHARGE-SHEET FOR THE OFFENCE PUNISHABLE UNDER SECTION 295-A PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, SHIGGAON, AGAINST THE PETITIONER/ACCUSED NO.1 AND ETC.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

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This petition is filed by the sole accused under

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Section 482 Cr.P.C. praying to quash the charge sheet in C.C. No. 196/2023 and also order dated 30.03.2023 taking

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cognizance on the said charge sheet for offence under Section 295-A of IPC pending on the file of Senior Civil Judge and JMFC, Shiggaon.

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Heard learned counsel for petitioner and learned HCGP for respondent – State.

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Charge sheet came to be filed against the

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petitioner for offence under Section 295-A of IPC. On the basis of the said charge learned Magistrate has taken

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3 - NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023

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cognizance for offence under Section 295-A of IPC by order dated 30.03.2023.

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Learned counsel for petitioner would contend

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that as per sub-section (1) of Section 196 of Cr.P.C. cognizance cannot be taken without previous sanction of Central Government or State Government for offence

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under Section 295-A of IPC. He further submits that there is no previous sanction of Central Government or State Government. Learned HCGP does not dispute the fact that the Investigating Officer has not obtained any previous sanction by the Central Government or State Government.

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Sub-section 1 of Section 196 Cr.P.C. reads

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thus:

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196. Prosecution for offences against the State and for criminal conspiracy to commit such offence

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(1) No Court shall take cognizance of –

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((a)(any offence punishable under Chapter VI or under section 153-A, section 295-A or sub-section (1) of section 505 of the Indian Penal Code 1860, or

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4 - NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023

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(b) a criminal conspiracy to commit such offence, or

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(c) any such abetment, as is described in section 108-A of the Indian Penal Code 1860,

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except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.

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Sub-section 1 of Section 196 Cr.P.C. provides

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that cognizance cannot be taken for offence under Section 295-A IPC except with the previous sanction of the Central Government or State Government.

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Charge sheet has been filed against the petitioner for offence under Section 295-A of IPC. On perusal of the charge sheet papers there is no previous sanction by the State Government or Central Government. Without considering this aspect learned Magistrate has taken cognizance against the petitioner for offence under Section 295-A of IPC. Therefore, the order of taking cognizance is bad in law. Hence, the order taking

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5 - NC: 2024:KHC-D:16152 CRL.P No. 101838 of 2023

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cognizance and proceedings initiated against the petitioner

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in C.C. No. 196/2023 requires to be quashed.

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In the result the following;

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O R D E R

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i. Petition is allowed.

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ii. The order of cognizance dated 30.03.2023 and proceedings in C.C. No. 196/2023 pending on the file of Senior Civil Judge and JMFC, Shiggaon against the petitioner are quashed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 19 Sl No.: 3

Kumargouda S/O Hanumantagouda Patil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kumargouda S/O Hanumantagouda Patil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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