Petitioner is before this Court calling in question the

proceedings in C.C.No.1366/2017 pending before the Additional

Civil Judge and JMFC, Arakalgudu, Hassan.

Heard

Sri.Nagaraju.G.S.,

learned

counsel

for

petitioner, 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 cognizance of an