IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28902 of 2000 KAMLESH SHARMA Versus STATE OF BIHAR ----------- 4/ 24.6.2010 None appears on behalf of the petitioner even on repeated calls. I have heard Shri Dashrath Mehta, learned APP appearing on behalf of the state. Needless to go into the factual details of the case. FIR was registered under section 153(A) of the Indian Penal Code. On that basis the Chief Judicial Magistrate, Jehanabad took cognizance of an offence under section 153-A of the Indian Penal Code and summoned the petitioner to stand his trial for that offence. The only point raised at the time of admission of the present petition was that no court could take cognizance of an offence under section 153-A of Indian Penal Code except with the previous sanction of the State or the Central Government, as the case may be. The provision of section 196 of the Code of Criminal Procedure creates a bar on taking cognizance by any court of an offence under section 153-A of the IPC without the sanction either of the State Government or the Central Government. There is no material on record to indicate that sanction from the State Government was obtained. In that view of the matter, order taking cognizance appears without jurisdiction and against the provision of law and the same is hereby quashed. The petition is allowed. Anil/ ( Dharnidhar Jha, J.)