1998 Supreme(SC) 747

SUPREME COURT OF INDIA
M.K. MUKHERJEE AND S.S. MOHAMMED QUADRI, JJ.
Manoj Rai and others, Appellants
Versus
State of M.P., Respondents.
Criminal Appeal No. 762 of 1998 (arising out of S.L.P. (Cri) No. 155 of 1988), D/- 3-8-1998.

The requirement of proper sanction under Section 196(1) of the Criminal Procedure Code for prosecuting certain offences under the Indian Penal Code.

Headnote:

Sanction - Criminal Procedure Code - Quashing of proceedings

Fact of the Case:

The appellants were being prosecuted for the offence under Section 295-A of the Indian Penal Code without proper sanction as per Section 196(1) of the Criminal Procedure Code.

Finding of the Court:

The court found that no sanction was given in accordance with Section 196(1) of the Criminal Procedure Code to prosecute the appellants for the offence under Section 295-A of the Indian Penal Code. As a result, the appeal was allowed and the impugned proceedings were quashed.

Issues: The main issue was the lack of proper sanction under Section 196(1) of the Criminal Procedure Code for prosecuting the appellants.

Ratio Decidendi: The court's decision was influenced by the absence of sanction as required by Section 196(1) of the Criminal Procedure Code, which led to the quashing of the proceedings.

Final Decision: The appeal was allowed and the impugned proceedings were quashed due to the absence of proper sanction as per Section 196(1) of the Criminal Procedure Code.