HIGH COURT OF CHHATTISGARH AT BILASPUR Crirninal Miscellaneous Petition No. 01 OF 2007 ETITION UNDER SECTION 4-82 OF THE CODE OF CRIMINAL ROCEDURE, 1973. (SB :Hon’ble Mr. T.P.Sha.tma, J.) Present : Shri Sanjay K. Agrawal, Advocate for the petitioner/ applicant. Shri Sushil Dubey, GA. with Shri Sameer Behar, P.L. for the State/ Respondents ORAL— ORDER (Passed on 19/2/2009) 1. The applicant has flied this petition for quashment of mime No; 232/06 registered a‘t Police Station Pathalgaon District Jashpur for the ooence a punishable under Section 153 (a) read with Section 34 of the Indian Penal Code on the ground of absence of previous sanction as required .under Section 196 (1) of the Code of én'minal Procedure, 1973 (hereinafter referred‘to as ‘the Code’}. 2. Shri Sanjay K. Agrawal, Advocate for the petitioner/applicant and Shri Sushil Dubey, G.A. with Shn‘ Sameer Behar, P.L. for the State/ respondents are heard. Order granting bail, remand petition, copy of First Information Report, P P PETITIONER Karam Chand Agrawal, Sfo Lam Chetan Das Agrawal, Agsd about 47 years, Occupation Businass, Rjo Pathalgaon, ' Dishici: Jashpur, Chhattisgarh. VERSUS RESPONDENTS 1. State of Chhattisgarh, Through the Secretary, Department of Home, Mantralaya, D,K.S. Bhawan Raipur, Chhattisgarh. '2.V Superintendent of Police, Jashpur, District Jashpur, Chhattisgarh. 3. Station House Officer, Police Station Pathalgaon, District Jashpur, Chhattisgarh. the prosecution of the applicant dated 30/ 10f2006 and letter to Superintendent of Police, Jashpur dated 5/ 2/2007 wn'tten by Department of Home, State of Chhattisgarh perused. Leamed counsel for the applicant without going into men‘ts of the case submits that oEence punishable under Section 153 (a) read with Section 34 of the Indian Penal Code has been registered against the applicant and co-accused Nirmal Kumar by Police Station Pathalgaon Disuict Jashpur in crime NO. 232/06. Previous sanction of the Centxal Govt. or of the State Govt. in accordance with the sub Section (1) of Section 196 of the Code of Ciiminal Procedure, 1973 is a condition precedent for taking cognizance of the onence punishable under Section 153 (a) of the Indian Penal Code. In the present case respondents has filed their response along with the order Nos. F—4—286/2/Home—C/2006 dated 30/ 10/2006 and F-4-286/2/Home—C/2006 dated 5/2/2007 which shows that ,State Govt. has refused to accord sanction for the prosecution of the applicant for the odence punishable under Section 153 (a) of the Indian Penal Code and in absence of such sanction which is sine quo non for taking cognizance by the Magistrate any prosecution is not competent. On the other hand, learned counsel for the State submits that the crime NO. 282/06 for the oifence punishable under Section 153 (a) read with Section 34 of the Indian Penal Code has been registered against the applicant and co—accused Ninnal Kumar but after examining the material relating to the commissiOn of the oEence State Govt. Who is competent to accord sanction in accordance with Section 196 (1) of the Code has refused to accord the sanction. 1 96, Prosecutionfor o enoes against the State andfor criminal conspiracy :0 commit such 0}?ence.—(1) No Court shall take cognizance of- (a) any @3renoe punishable under Chapter VI or under Section 153A, sectian 295A or sub section (1) of Section 505) of the Indian Penal Code (45 9f I860), or (b) a criminal conspiracy to commi£ such offence, or (c ) any such abeimeni, as is described in section 1 08A of the Indian Penal Code (45 of 1860), except with the previous sanction of the central Government or of the State Government {1A) No Court shall take cognizance of- (a) any onence punishable under Section 153B or sub-section (2) or such-sedion (3) of Section 505 of the Indian Penal Code (45 of 1 860), or (b) a criminal conspiracy of ihe Central Government or of the State Government or of the District Magistrate. (2) No Conn shall take cognizance of the o}?enoe of any criminal conspiracy punishable under Section 1203 of the Indian Penal Code (45 of 1860), other than a criminal conspiracyto commit (an Ojfenoe) punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or up wards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceeding. Provided that where the criminal conspiracy is one to which the provisions of Section 1 95 apply, no such consent shall be necessary. (3) The Central Government or the State government may, before according sanction (under sub-section (I) or sub-section (IA) and the District magistrate may, before according sanction under Sub-section (1A) and the State Government or the District Magistrate may, before giving consent under sub-section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police ofjicer shall have the powers referred to in sub-section (3) of Section 1 55, OEence punishable under Section 153 (a) of the Indian Penal Code is tn'able by the Judicial Magistrate First Class but in accordance with Section 196 (1)»of the Code, Court is not competentlempowcred to take cognizance of the offence except with the previous sanction of the Central Govt. or of the State Govt. In this case State Govt. has not accorded the sanction for the prosecution of the offence punishable under Section 153 (a) of the Indian Penal Code against the applicant. Therefore, any criminal proceeding or registration of the such en'me or continuation of such proceeding would only abuse of process of the Court. Consequently, the petition is allowed. Crime No. 232/06 registered at Police Station Pathalgaon District Jashpur and remand proceedings pending in the Court of Judicial Magistrate, First Class, Pathalgaon District Jashpur is liable to be quashed and it is hereby quashed. M TJSdI- " T. P. Sharma‘ ‘2 Judge