THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1784 OF 2009 AND Crl.P.MP.Nos.5494 & 6689 OF 2009 IN Crl.P.No.2957 OF 2009 COMMON ORDER: Criminal Petition No.1784 of 2009, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is filed to quash the proceedings in C.C.No.52 of 2000 on the file of Special Judicial Magistrate of First Class, Special Mobile Court, Mahabubnagar, whereas Crl.P.MP.Nos.5494 and 6689 of 2009 in Criminal Petition No.2957 of 2009 are filed to extend the order, dated 30.04.2009, in Criminal Petition No.2957 of 2009 on the file of this Court. 2. Calendar Case No.52 of 2000 is registered against the petitioner/A1 for the offence punishable under Section 153A read with 109 I.P.C. 3. Learned counsel for the petitioner contended that under Section 196 Cr.P.C., no Court shall take cognizance of the offence punishable under Section 153A I.P.C. except with the previous sanction of the Central Government or State Government, and therefore continuation of the impugned proceedings against the petitioner is nothing but abuse of process of court. 4. On the other hand, the learned counsel representing the learned Public Prosecutor, on instructions, fairly conceded that no sanction orders have been obtained from the Central Government or State Government in the above case. 5. Therefore, in view of the specific bar under Section 196 Cr.P.C., taking cognizance of the offence punishable under Section 153A read with 109 I.P.C. is without jurisdiction, and continuation of the proceedings against the petitioner is nothing but abuse of process of Court. 6. Accordingly, the Criminal Petition No.1784 of 2009 is allowed, quashing the proceedings against the petitioner/A1 in C.C.No.52 of 2000 on the file of Special Judicial Magistrate of First Class, Special Mobile Court, Mahabubnagar. 7. In view of the order passed in Criminal Petition No.1784 of 2009, nothing survives in Crl.P.MP.Nos.5494 and 6689 of 2009 in Criminal Petition No.2957 of 2009. Accordingly, the Crl.P.MP.Nos.5494 and 6689 of 2009 in Criminal Petition No.2957 of 2009 are dismissed as infructuous. _______________ K.C. BHANU, J August 05, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1784 OF 2009 AND Crl.P.MP.Nos.5494 & 6689 of 2009 in Crl.P.No.2957 OF 2009 August 05, 2010 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1784 OF 2009 AND Crl.MP.Nos.5494 & 6689 of 2009 in Crl.P.No.2957 OF 2009 Crl.P.No.1784 OF 2009: Between: Akberuddin Owaisi ..... PETITIONER AND State of Andhra Pradesh ....RESPONDENT Crl.P.MP.No.5494 of 2009 in Crl.P.No.2957 OF 2009: Between: Akberuddin Owaisi ..... PETITIONER AND State of Andhra Pradesh ....RESPONDENT Crl.P.MP.No.6689 of 2009 in Crl.P.No.2957 OF 2009: Between: Akberuddin Owaisi ..... PETITIONER AND State of Andhra Pradesh ....RESPONDENT The Court made the following: