This judgment shall dispose of Crl.Revision No.790 of 2006 and Crl.Misc.Nos.47115-M of 2003, 5507-M of 2005, 16036-M of 2006 and 23571-M of 2006. These petitions are arising from the orders passed by the Special Judge for taking cognizance of the offence while not agreeing with the untraced report/cancellation report submitted by the investigating agency. These orders are arising in two situations: firstly, where the investigating agency after considering the material collected during the investigation, came to the conclusion that there is sufficient material/evidence to proceed against the accused. So, the investigating agency applied for sanction for prosecution of the accused from the competent authority. However, the same was not granted and accordingly the untraced report was submitted; and secondly where during the investigation, the allegations in the FIR were found to be false, therefore, the investigating agency without applying for the requisite sanction from the competent authority submitted the cancellation report. Crl.Revision No.790 of 2006, Crl.Misc.Nos.47115-M of 2003, 5507-M of 2005 and 16036-M of 2006 are covered in the situation where the Special Judge, while not agreeing with the untraced report submitted by the investigating agency, took cognizance of the offence under Sections 190(1) of the Code of Criminal Procedure and summoned the accused to face trial. Crl.Misc.No. 23571-M of 2006 is covered in the situation where the Special Judge, while not agreeing with the cancellation report submitted by the investigating agency, took cognizance of the offence under Sections 190(1) of the Code of Criminal Procedure and summoned the accused to face trial.
