Petitioner is before this Court calling in question the

proceedings

in

C.C.No.630/2016

pending

before

the

II

Additional Civil Judge and JMFC, Arakalgudu, Hassan.

2. Heard Sri.Nagaraju.G.S., learned counsel for petitioner

and Sri.S.H.Shankar, learned High Court Government Pleader

for respondent No.1.

3. The issue in the lis is with regard to whether

cognizance could have been taken by the concerned Court for

offence punishable under Sections 408 and 409 r/w Section 34

- 3 -

of the IPC in the absence of a sanction under Section 197 of the

Cr.P.C.

4. The learned counsel for petitioner places reliance upon

a judgment of the Co-ordinate Bench of this Court rendered in

Crl.P.No.5594/2019 wherein the Co-ordinate Bench by its

order dated 04.07.2022 following the judgment of the Apex

Court in the case of D.DEVARAJA v. OWAIS SABEER

HUSSAIN reported in (2020) 7 SCC 695 quashing the

proceedings for want of sanction, has held as follows:

“….

….

….

6. A perusal of the charge sheet indicates that

the same has been laid before the jurisdictional

Magistrate without obtaining sanction as specified under

Section 197 of Cr.P.C. Section 197 of Cr.P.C. specifies

that no Court shall take cognizan