Point of Law: sessions court after providing opportunity of hearing to both the parties will dispose of the same with a reasoned order in accordance with the provisions of law.

JUDGMENT :

1. Heard Sri Sushil Shukla, learned counsel for the applicants Sri Siddharth Luthra, learned Senior Counsel, assisted by Sri Rajiv Lochan Shukla & Ravikant Shukla, learned counsel for the applicant learned A.G.A. for the State and perused the record.

2. Criminal misc. application under section 482 Cr.P.C. No.26271 of 2021 has been filed by the accused-applicants to quash the impugned order dated 18.01.2020, as passed by the Additional Sessions Judge, Court No.6, Gorakhpur, in Sessions Trial No.385 of 2019, arising out of Case Crime No.609 of 2001, under sections 153-A, 153-B, 124-A, 298, 505, 120-B, IPC, Police Station Kotwali, District Gorakhpur (State Vs. Shahid Badr Falahi & others), as well as the impugned orders dated 19.11.2018 and 16.11.2019, passed by the State Government, granting sanction under section 196 Cr.P.C. against the accused-applicants for their prosecution in the aforesaid criminal case, and consequently to quash the impugned criminal proceeding.

3. Another application under section 482 Cr.P.C. No.10551 of 2020 is filed by the co-accused Human Ahmad Siddiqui with a prayer to quash the impugned order dated 18.01.2020, passed by Additional District Judge, Court No.6, Gorakhpur, in S.T. No.386 of 2019 (State Vs. Hamam Ahmad Siddiqui), arising out of Case Crime No.609 of 2001, under sections 153-A, 153-B, 124-A, 505, 298, 120-B, IPC, Police Station Kotwali, District Gorakhpur, as well as sanctioning order dated 19.11.2018.

4. Both the cases are connected to each other and related to same matter, hence being disposed of by a common judgment.

5. An FIR, Case Crime No.609 of 2001, under sections 153-A, 153-B, 124-A, 298, 505, 120-B, IPC, was lodged at Police Station Kotwali City, District Gorakhpur, on 21.09.2001 regarding the incident dated 15.09.2001, naming Shahid Badra Falahi, Hamam Mohammed. During the investigation the name of other co-accused persons also came into light. After investigation one charge sheet dated 23.01.2002 filed against the accused-applicants Shahid Badra Falahi, Fazlur Rahman, Daud Husain Khan & Rashid Husain and another charge sheet dated 30.07.2002 was filed in absconder against Humam @ Humam Ahmad Siddiqui.

Learned Magistrate taken cognizance on the first charge sheet on 04.05.2002. The accused-applicants of the aforesaid charge sheet challenged the cognizance order in Criminal Misc. Application under section 482 Cr.P.C. No.2524 of 2003, and this Court, disposed of the aforesaid application vide order dated 08.05.2003, directing the court, taking cognizance, to examine whether the previous sanction of the appropriate Government, has been obtained or not, which is condition precedent for taking cognizance. It further directed that the court, before proceeding further in the matter shall first decide this point and thereafter pass the order according to law, keeping in view section 196 of the Cr.P.C., within one month from the date of production of certified copy of this order.

The learned Magistrate without making compliance of the aforesaid order committed the case to the court of sessions on 27.07.2006. The accused-applicants moved an application before the court of sessions under section 227 Cr.P.C. for discharge on the ground that cognizance has been taken and case has been committed without any prosecution sanction, which is a condition precedent under section 196 Cr.P.C. The sessions court on the aforesaid application passed an order on 29.09.2007 and remitted the matter back to the learned Magistrate to ensure the compliance of the order passed by the High Court and pass appropriate order thereupon and proceed according to law. The matter remain pending in the court of learned Magistrate and ultimately on 02.09.2019 the learned Magistrate again committed the case to the court of sessions. Copies of the prosecution sanction dated 19.11.2018 and 16.11.2019 are on record, but it is not clear, when this prosecution sanction was filed in the court by prosecution.

On the charge she