Swami Laxmanananda Saraswati vs State of Orissa

K.P. Mohapatra, J.—This is a petition by the accused in G. R. Case No. 24 of 1987 (Trial No. 48 of 1987) pending in the Court of the Judicial Magistrate, G. Udayagiri, for quashing the impugned order of cognisance taken against him for offences under Sections 153A and 295A of I.P.C.

The facts of the case are that the Petitioner is a Sanyasi having his Ashram somewhere in Phulbani district. He is a member at Biswa Hindu Parishad. On some occasions he delivered speeches in meetings in some villages preaching in favour of Hinduism and speaking against christianity. He said in such meetings that the churches constructed in several villages should be destroyed and christian preachers should not be allowed to enter into villages. He also spoke defamatory words against christianity. On the ground that he was preaching hatred amongst the people of different religions so as to outrage religious feelings of different sections of people prejudicial to national, integration, F. I. R. was lodged against him by the Officer-in-charge of G. Udayagiri Police Station and after investigation, conduct in submitting his application for pension as already referred to.

In the result the spit fails and the same is hereby dismissed, but we leave the parties to bear their respective costs Suit dismissed charge-sheet was submitted against him for having committed offense under Sections 153A and 295A of I.P.C. On receipt of the charge-sheet, the learned Judicial Magistrate, as referred to� above, took cognizance of the offences.

Mr. A.K. Bose, learned Counsel appearing for the Petitioner, raised a legal ground stating that before submitting charge-sheet against the Petitioner, sanction of the State Government u/s 196 (1) of the Code of Criminal Procedure .was not obtained, and so in the absence of sanction, taking cognizance was abuse of the process of the Court. Mr. Indrajit Ray, learned Additional Government Advocate verified the lower Court records which had been called for and submits that the records do not disclose that sanction for prosecution had been obtained before launching the same by submission of charge-sheet.

According to Section 196 (1) of the Code of Criminal Procedure, no Court shall take cognizance of any offence punishable under Sections 143A and 295A of I.P.C. except with the previous sanction of the Central or the State Government, as the case may be. In this case it is clear that no sanction of the State Government was obtained and so in accordance with provisions of Section 196 (1) of the Code of Criminal Procedure, the learned Judicial Magistrate could not, according to law, have taken cognizance of the offences against .the Petitioner. If the order of cognisance without being supported by the order of sanction of the State Government is allowed to stand, there shall be abuse of the process of the Court.

For the aforesaid reasons, in exercise of powers u/s 482 of the Code of Criminal Procedure and to prevent abuse of the process of the Court, the order of cognizance is liable to be quashed and is hereby quashed. The criminal revision accordingly succeeds.