Heard learned counsels for the applicant as well as the respondents.

2. This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed by the applicant challenging the order dated 4.9.2004 passed by the Judicial Magistrate, Laksar, District Haridwar in Criminal Complaint Case No. 828 of 2004 Sunita Wilson Vs. Dr. Bharam Singh and order dated 20.12.2005 passed by the District and Sessions Judge, Haridwar in Criminal Revision No. 320 of 2004 Sunita Wilson Vs. Dr. Bharam Singh.

3. A complaint was filed before the Judicial Magistrate, Laksar, District Haridwar by respondent no. 4 stating that her husband, namely, Maxwell Wilson is a “Chowkidar” (peon) at Community Health Centre, Laksar (District Haridwar). The accused person (which is the present applicant before this Court) is a Medical Officer in this hospital. The complaint further states that the complainant and her husband are followers of Christian faith. It is alleged in the complaint that the accused person always calls the husband of the complainant as “foreigner” and “Angarej” apart from calling him by other names. On this complaint where other averments were made as well but need not be stated at this present juncture, the fact of the matter is that cognizance was taken by the learned Magistrate and summons were issued to the present applicant under Section 295A of the Indian Penal Code. Section 295A of the Indian Penal Code reads as under :-

“295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. – Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise’, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both].

4. The short controversy in the present application is that cognizance has been taken in this case and summons have been issued to the applicant under Section 295A of I.P.C. without there being previous sanction of the State Government in this regard as envisaged under Section 196 Cr.P.C. It is an admitted case that there has been no previous sanction of the State Government prior to taking cognizance by the court. Section 196 Cr.P.C. reads as under :-

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence. – (1) No Court shall take cognizance of –

(a) any offence punishable under Chapter VI or under section 153A, section 153B, section 295A or section 505 of the Indian Penal Code, (45 of 1860) or

(b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code, (45 of 1860)

Except with the previous sanction of the Central Government or of the State Government.

(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code, (45 of 1860) other than a criminal conspiracy to commit a cognizable offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.

(3) The Central Government or the State Government may, before according sanction under sub-section (1) 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.

5. Learned counsel fo