1. Prosecution for an offence under Section 295-A, Indian Penal Code — Absence of sanction under Section 196(1), Criminal Procedure Code. (Para 2 )
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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.
Important Points
The requirement of proper sanction under Section 196(1) of the Criminal Procedure Code for prosecuting certain offences under the Indian Penal Code.
Subject
Criminal Law - Quashing of Proceedings
Act Referred
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.
Legal Category Hierarchy
Table of Contents
2. State's admission that no sanction was given under Section 196(1), Criminal Procedure Code to prosecute the appellants. (Para 2 )
3. The court noted the State's admission that the mandatory sanction under Section 196(1), Criminal Procedure Code was not obtained. (Para 2 )
4. Prosecution for an offence under Section 295-A, Indian Penal Code requires sanction under Section 196(1), Criminal Procedure Code. (Para 2 )
5. Appeal allowed and impugned proceedings quashed. (Para 2 )
6. Whether sanction is required for prosecution under Section 295-A of the Indian Penal Code?
Yes, prosecution for an offence under Section 295-A of the Indian Penal Code requires sanction in accordance with Section 196(1) of the Criminal Procedure Code. (Para 2 )
JUDGMENT :- Leave granted. Heard the learned counsel for the parties.
2. Since the learned counsel for the State fairly states, on instructions, 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, we allow this appeal and quash the impugned proceedings. Let the written instructions received by the learned counsel for the respondent-State in this regard be kept on record as desired by him.
Appeal allowed.
