The requirement of prior sanction under Section 196(1)(a) of the Code of Criminal Procedure is mandatory and the absence of such sanction renders the cognizance of the offense and any subsequent proceedings invalid.

( 1 ) IN the present application the petitioner has prayed for quashing of proceeding being G. R. Case No. 2719/2000 arising out of Beniapukur P. S. Case No. 216 dated 11-8-2000 under Section 121/121a of the Indian Penal Code.

( 2 ) THE aforesaid case was registered with Beniapukur police station on the basis of a complaint lodged by the officer-in-charge, Anti-Terrorist-Cell, Special Branch, Calcutta alleging commisison of offences punishable under Section 120-B/121/121-A/153-A of the Indian Penal Code. The allegation levelled against the petitioner is that being a member of Harkat-Ul-Muzahidin (HUM) he is the contactman of Abu Sayed, Chief of HUM, Dicca. The petitioner's telephone number was found in possession of Billal, a Bangladesh National who was arrested at Basirhat on April 25/26, 2000. Said Billal had revealed that the telephone number of the petitioner was given to him by Abu Sayed in Ducca with the information that the present petitioner is the contactman in Calcutta who should be contacted for instructions. Billal also disclosed that the petitioner was rendering financial help to Harkat Cadre and he also facilitated the collaborators of the highjacking of the Indian Airlines Flight No. I. C. 814 (December, 24, 1999) from Nepal. On interrogation it was further revealed that the petitioner is a member of ISI and the banned organisation HUM, which created a strong reasonable suspicion that the petitioner is connected with heinous types of cognizable offences in the country.

( 3 ) ON completion of investigation charge-sheet was submitted by the investigating agency under Section 121/121-A of the Indian Penal Code against the petitioner before the learned Additional Chief Judicial Magistrate, Sealdah. On receipt of the said charge-sheet the learned Magistrate by his order dated 31-10-2000 took cognizance of the offence. After complying with the provision of S. 207 of the Code of Criminal Procedure.

( 4 ) ON 7-11-2000 the learned Magistrate committed the case to the Court of learned Sessions Judge at Alipore for trial. The learned Sessions Judge by his order dated 22-11-2000 took cognizance of the offence and transferred the case to the Court of learned Additional Sessions Judge, 10th Court, Alipore for disposal.

( 5 ) MR. Sekhar Bose, learned Advocate appearing for the petitioner submits that cognizance of offence was taken by the learned Magistrate on 31-10-2000 in violation of the mandatory provision of Section 196 (1) (a) of the Code of Criminal Procedure, which provides that no Court shall take cognizance of the offence punishable under Chapter VI or under S. 153-A of the Indian Penal Code except with the previous saction of the Central Government or of the State Government. Section 121 and 121-A of the Indian Penal Code are the offences under Chapter VI of the Indian Penal Code. But no prior sanction was obtained by the Investigating Agency in the present case before taking cognizance of the offence by the learned Magistrate. So, According to Mr. Bose, the learned Magistrate acted beyond his jurisdiction in taking cognizance of the offence without sanction in violation of the provision of Section 196, Cr. P. C.

( 6 ) MR. Bose further points out that after the case was committed to the Court of session, the learned Sessions Judge took cognizance of the offence on 22-11-2000 under S. 193 of the Code of Criminal Procedure. The learned Sessions Judge also took cognizance of the offence under S. 193, Cr. P. C. without any sanction as required under S. 196 of the Code of Criminal Procedure.

( 7 ) ON 6-12-2000 the learned Public Prosecutor of the case filed a petition annexing the original sanction order which was issued by the competent authority on 27-11-2000. On the same day, i. e. on 6-12-2000 an application was filed on behalf of the accused person before the learned Additional Sessions Judge, Alipore praying for discharge from the case on the ground that cognizance of offence was taken