Heard the learned counsel for the petitioner and the

learned High Court Government Pleader for the first

respondent – State and perused the records.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer:

"This Court may be pleased to quash the

impugned

order

taking

cognizance

dated

27.01.2015 which is pending on the file of Civil

Judge

and

at

Shorapur

in

C.C.No.54/2015,

Shorapur

police

station

against

the

petitioner

for

the

offence

punishable u/Sec. 153(A), of IPC, in the

interest of justice and equity."

3

3.

Brief facts of the case are as under:

Upon

a

complaint

lodged

by

Samuhika

Sangatanegala Vedike, Komu Souhardha Samiti, Surpur of

Yadigir district on 28.09.2012, the Surpur police registered

a case in Crime No.205/2012 for the offence punishable

under Section 153-A of IPC against the accused/petitioner.

In the complaint, it is contended that on 25.09.2012, at

the time of immersing Ganesh idol, in the procession, a

cassette was played, whereby, feelings of the members of

the Muslim community had been offended and in the

leadership of Sri Siddalinga Swamy, there was a Bandh

called and in pursuance of the same, unparliamentary

words were used against the Muslim community women in

a public speech and thereby, the accused has committed

the offence under Section 153-A of IPC. The police after

thorough investigation filed charge sheet.

4.

The main thrust of the argument putforth on

behalf of the petitioner is that the charge sheet materials

do not contain the prior permission of the Government and

4

therefore, there is a violation of Section 196 of Cr.P.C. and

Court taking cognizance of the offence on 27.01.2015 is

incorrect and sought for allowing the petition.

5.

Per contra, the learned High Court Government

Pleader submits that the Government has accorded

sanction to prosecute the accused/petitioner by a letter

dated 19.03.2014 and after the accused has participated in

the trial, belatedly the present petition is filed in the year

2021 and therefore, the petition needs to be dismissed.

6.

This Court perused the records. It is seen

from the order sheet which is produced along with this

petition, that the learned Magistrate took cognizance of the

offence alleged against the accused/petitioner by order

dated 27.01.2015. Thereafter, the matter was adjourned

and the accused/petitioner remained absent before the

Trial Court consistently. From the year 2015, non bailable

warrants are issued against the accused/petitioner and the

same are returned unexecuted. Subsequently, the charge

came to be framed only in the year 2019 and thereafter,

5

again the accused/petitioner remained absent on number

of occasions. The Trial Court has already commenced the

trial and at that juncture, the present petition came to be

filed with the above prayer.

7.

In fact, earlier a criminal petition was filed

in

Crl.P.No.200957/2021

by

the

very

same

accused/petitioner

and

which

was

withdrawn

on

19.07.2021. Subsequent thereto, the present petition is

filed. In view of the fact that the concerned Investigation

Officer has taken necessary sanction by the Government,

the argument putforth on behalf of the petitioner that

taking of cognizance is bad in law cannot be countenanced

in law. Accordingly, there is no merit in the case and pass

the following:

ORDER

The petition is dismissed.

In fact, while disposing Crl.P.No.200957/2021, this

Court had granted nine months time to dispose of the main

case itself by order dated 19.07.2021. However, by filing

6

the present petition, the petitioner has further protracted

the proceedings.

From the order sheet, it is seen that the petitioner is

not cooperating with the trial. Hence, the Trial Court is

directed to comply the order of this Court dated

19.07.2021 and dispose of the main matter in terms of the

said order.

It is hereby directed that the petitioner shall

cooperate for trial for early disposal of the main case.

In view of disposal of the petition, I.A.1/2021 does

not sur