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Paresh Nath vs The State of Jharkhand and Another

Jharkhand High Court · Decided on 12 March 2012 · Citation: (2012) 03 JH CK 0144

HON’BLE JUDGES
Rakesh Ranjan Prasad, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 196(1), 196A · Penal Code, 1860 (IPC) — Section 153A, 295A, 34, 505(1)
RESULT
Allowed
CASE NUMBER
Cr.M.P. No. 930 of 2006
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Judgment

13 paragraphs · 379 words

R.R. Prasad

1.

Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing the order dated 02.02.2006 passed by the then Judicial Magistrate, 1st Class, Jamshedpur in Complaint Case No. C/1-303 of 2005 whereby and whereunder cognizance of the offence u/s 295A/34 of the Indian Penal Code has been taken against the petitioner and one Satish Chandra.

2.

The said order is being sought to be quashed on the ground that the court, without having order of sanction for prosecution, in terms of the provision as contained in Section 196A of the Criminal Procedure Code, has taken cognizance of the offence punishable u/s 295A of the Indian Penal Code.

3.

It does appear that in a fortnightly Magazine "The Saras Salil" published from New Delhi, an article "Chath Puja: Andhbiswason Ka Mahaparv" "(Great Festival of Superstitions)" was published.

4.

On reading such article, the Opp. Party No. 2 lodged the complaint on the allegation that such article has been published with deliberate and malicious intention to outrage and insult religious feeling and belief of the natives of Jharkhand, Bihar and U.P. and the citizen of the other States, who have deep faith in Chath Puja.

5.

On such complaint, the cognizance of the offence was taken for the offence punishable u/s 295A of the Indian Penal Code, without there being any sanction for prosecution in terms of Section 196(1)(a) of the Criminal Procedure Code. The said provision reads as follows:

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 153A, section 295A or sub-section (1) of section 505 of the Indian Penal Code or

(b)..........

(c)..........

6.

Nothing was placed before this Court that any sanction for prosecution was granted before the cognizance of the offence u/s 295A of the Indian Penal Code was taken. That being so, the order taking cognizance is certainly bad.

7.

Accordingly, the order dated 02.02.2006 passed by the then Judicial Magistrate, 1st Class, Jamshedpur in Complaint Case No. C/1-303 of 2005 is set aside. In the result, this application is allowed.