Cognizance taken by a criminal court without the mandatory prior sanction required under Section 196 of the Code of Criminal Procedure for offences under Section 295-A IPC is void ab initio and cannot be cured by a subsequent grant of sanction.

ORDER

This order shall govern the disposal of MCrC No.38623/2024 and MCrC No.36900/2024 as these petitions arise out of same case being Criminal Case No.440/2023.

2. These petitions have been instituted by the petitioners, who claim to be the original complainant, by invoking the inherent jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure, 1973, assailing the legality, correctness and propriety of the orders dated 03.08.2024 passed by the learned 3rd Upper Sessions Judge and Special Judge, Sagar in Criminal Revision No. 40/2024 and Criminal Revision No.41/2024, as also the consequential order dated 07.08.2024 passed by the Judicial Magistrate First Class, Sagar in RCT No. 440/2023, whereby the criminal proceedings stood terminated.

3. The genesis of the prosecution lies in a complaint preferred by the petitioner before Police Station Kotwali, District Sagar, alleging commission of offences by respondent No.2 and another accused, on the premise that they had circulated and disseminated written communications which were alleged to be derogatory and defamatory in nature, and which, according to the petitioners, were calculated to outrage religious feelings by targeting a revered religious personality.

4. Acting upon the said complaint, the police registered a First Information Report on 17.12.2022 for offences punishable under Sections 295-A , 500, 501 and 502 of the Indian Penal Code. During the course of investigation, respondent No.2 was arrested on 18.12.2022, and the investigation proceeded in accordance with law.

5. Upon completion of investigation, the police submitted a charge-sheet/challan on 14.02.2023 before the Court of Judicial Magistrate First Class, Sagar. The challan was filed keeping in view the statutory mandate governing the period of custody, as one of the accused persons was stated to be absconding and the prescribed period for filing of the charge-sheet was nearing its expiry.

6. It is an admitted and undisputed position that on the date of submission of the challan, as also on the date when the trial Court took cognizance of the offences on 15.02.2023 under Section 190 of the Code of Criminal Procedure, no prior sanction as contemplated under Section 196 of the Code of Criminal Procedure had been granted by the competent authority for prosecution of the offence punishable under Section 295-A of the Indian Penal Code.

7. Subsequent thereto, the District Magistrate, Sagar, vide communication dated 09.02.2023, forwarded a proposal to the Home Department of the State of Madhya Pradesh seeking grant of requisite sanction under Section 196 of the Code of Criminal Procedure. The Home Department sought certain clarifications, and inter-departmental correspondence ensued between the District Magistrate, the Superintendent of Police and the Home Department over a period of time.

8. Upon completion of the aforesaid process, the Home Department of the State Government ultimately accorded sanction