Prior sanction of the State Government for prosecution under Section 295-A, I. P. C. is a condition precedent, and the sanction order must be valid, failing which the criminal prosecution is not legally sustainable.

( 2 ) THE petitioners in both these petitions are the accused in C. C. 554/94 facing trial for Section 295-A, I. P. C. before the learned Magistrate, on being charge-sheeted by the Thambrahalli P. S. Crime No. 16/92, H. B. Halli Taluk of Bellary District.

( 3 ) CERTIFIED copy of the order sheet in said C. C. 554/94 filed along with the petition discloses that the said crime No. 1 6/92 was booked by the police under S. 295-A against these petitioners on complaint dated 22-2-1992 of CW 1 Rama Naik. On Investigation of the crime, the charge-sheet was laid for the said offence by the Investigating Officer ('i. O. ' for short) on 30-7-1994, on the basis of the sanction under S. 196, Cr. P. C. purported to have been granted by the competent authority for prosecution of the petitioners accused. The criminal prosecution of the accused in C. C. No. 554 of 1994 stands challenged by them in this revision on the ground that obtaining of requisite sanction under S. 196, Cr. P. C. for the offence under S. 295-A, I. P. C. from the State Government is a condition precedent, and that the so-called sanction that was obtained by the I. O. and was filed along with the charge-sheet in the court below is an invalid sanction since it does not conform to the legal requirements of Section 196, Cr. P. C.

( 4 ) SO the short point for consideration in this revision is :whether obtaining of sanction contemplated under Section 196, Cr. P. C. for prosecution of the accused for the offence under Section 295-A, I. P. C. is a condition precedent, and, if so, whether or not the said sanction order bearing No. MAG/law/194/94-95 dated 24th July, 1994 is a valid sanction order.

( 5 ) THE material portions of Section 196, Cr. P. C. are as extracted below :- @@ "196. Prosecution for offences against the State for criminal conspiracy to commit such offence (1) No Court shall take cognizance of - (a) any offence punishable under Chapter VI or under Section 153-A, Section 295-A or sub-section (1) of Section 505 of the Indian Penal Code, 1860, or (b ). . . . . . . . . . . . . . . . . . . (c ). . . . . . . . . . . . . . . . . . . except with the previous sanction of the Central Government or of the State Government. (2 ). . . . . . . . . . . . . . . . . . . . . (3) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (1-A) and the District Magistrate may, before according sanction under sub-section (1-A) 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 officer shall have the powers referred to in sub-section (3) of Section 155. "@@

( 6 ) SUB-SECTION (1) of Section 196 is in mandatory terms. It leaves no room to doubt that prior sanction of the State Government to prosecute an accused for the offences mentioned therein, including Section 295-A, I. P. C. is a condition precedent. Sub-section (3) visualises a situation for an order by the Central or State Government, as the case may be, for a preliminary investigation i. e. further investigation by the I. O. not below the rank of Inspector before the requisite sanction under Section 196 (1) was accorded by either of the respective Governments. In order to appreciatie if the sanction in question of the State Government accorded by its order dated 24-7-1994 is a valid sanction , that sanction order is reproduced below :"preamble :-The Police Sub-Inspector Tambrahalli Police Station of Hagari Bommanahalli Taluk in his letter 1st cited above has reported that there is one sanga formed by "banajaljanangadvaru (Lambani) named as Sree Sevalal Yuvaka Sangha at No. 2 Hampsagar village of Hagaribom-manahali Taluk said to be Lambani Vidya Samstha. It is further reported that on 21-2-1994 one Sri. Basavaraja S/o Erajjappa of Number 2 of Hampasagara Village and his supporters (31 members) have i