Cognizance of offences under Sections 120-B and 121-A, IPC can only be taken after a complaint and sanction have been filed.

ORDER :- This is a petition to quash the committal of the 69 accused by the Special Assistant First Class Magistrate, Tirunelveli. 97 persons were charge-sheeted for offences under Ss. 120-B, 121-A, 153, 117, 148, 149, 201, 324, 326, 364, 302, 307, 395, 457 and 380, I.P.C.; and also for offences under Ss. 3 to 6, Indian Explosive Substances Act, S. 126, Indian Railways Act, S. 25(c), Indian Telegraph Act and S. 19(f), Indian Arms Act.

Of the persons charge-sheeted, ten were absconding and the enquiry therefore went on against the rest, the case against the absconders being separated. Of the 87, the learned Magistrate discharged 18 and committed the petitioners herein. They have been committed to take their trial, in the sessions-for offences under Ss. 120-B, 121-A, 147, 148, 149, 302, 307, 324, 326, 380, 397, 457, I.P.C. and Ss. 3 and 4, Indian Explosive Substances Act, S. 126, Indian Railways Act and S. 19(f), Indian Arms Act.

2. The main point that is taken to quash the committal is that the offences under Ss. 120-B and 121-A, I.P.C. were taken cognizance of even prior to the filing of the complaint under the orders of the local government. What happened in this case was this the preliminary charge-sheet was filed before the District Magistrate on, 5-8-1950. Sanction to prosecute these accused for offences under Ss. 120-B, 121-A and 153-A was asked for and it was granted only in respect of offences-under Ss. 120-B and 121-A, I.P.C. on 3-1-1951.

Thereupon, a complaint with the sanction order enclosed was preferred on 31-3-1951 along with the final charge sheet in the case. The District Magistrate then transferred the case in the first week of April to the Special Additional 1st Class Magistrate who has committed these accused. The above facts show that even at the time when the present Magistrate who has committed these petitioners, took cognizance of the offence the sanction had already been obtained and a complaint had also been filed in compliance with the provisions of S. 196, Cr. P.C.

But it is contended that at the time when the preliminary charge-sheet was filed before the District Magistrate, which was also for offences under Ss. 120-B, 121-A and 153-A, I.P.C. the District Magistrate took cognizance of them without a complaint and sanction, contrary to the provisions of S. 196,. Cr. P.C. The complaint and sanction were subsequent to taking cognizance and it is not in compliance with the mandatory provisions of S. 196 and so the whole proceedings including the transfer to the present Magistrate and the committal are illegal. It is on this point of law that the whole committal is sought to be quashed.

3. That in respect of offences under Ss. 120-B, 121-A a complaint by the order of or under the authority of the State Government is pre-requisite to the court taking cognizance of them is clear from the mandatory provisions of S. 196, Cr. P.C. A Bench of our High Court has held in Varadarajulu Naidu v. Emperor, AIR 1920 Mad 928(SB)(A) that the sanction given after the filing of the complaint does not fulfil the requirements of S. 196, Cr. P.C.

The learned Judges followed a decision of the Calcutta High Court in - Barindrakumar Ghose v. Emperor, 37 Cal 467(B), where it was held that the defect of not filing the sanction along with the complaint was not cured by subsequently obtaining the sanction and filing it, when the case was before the Sessions court. This contention is conceded by the prosecution. The only question, therefore, is whether the District Magistrate took cognizance of these offences prior to sanction and complaint and if so whether the present proceedings before the Special Additional 1st Class Magistrate, Tirunelveli, are void.

4. The word "cognisance" has nowhere been defined in the Criminal Procedure Code. "It is a word of some indefinite import; it is perhaps not always used in exactly the same sense". Vide - Gopal Marwari v. Emperor, AIR 1943 Pat 245 (O). According to this decision the word "cognisan