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Judgment
Heard the learned Counsel for the petitioner and the Public Prosecutor.
A charge-sheet has been filed against the petitioner herein for the offences u/s 124-A and 506 IPC and u/s 8(1) of A.P. Public Security Act. The prosecution has been challenged on the ground that in terms of Section 196 of the Code of Criminal Procedure, before a Court takes a cognizance of the offence u/s 124-A IPC, sanction of appropriate Government is necessary. Section 196(1) of the Code of Criminal Procedure lays down:
"Section 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 u/s 153-A (Section 295-A or sub-section (1) of 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 108-A of the Indian Penal Code (45 of 1860) except with the previous sanction of Central Government or the State Government."
Admittedly, Section 124-A IPC is an offence contained under Chapter-VI of the Indian Penal Code. Therefore, sanction of the appropriate Government is a pre-requisite for taking cognizance of the offence under the said Section. The learned Public Prosecutor has fairly conceded that before the charge-sheet was filed, no sanction has been obtained.
Under the above said circumslances, this petition is allowed and PRC 37 of 1998 is quashed.
circumstances