1. Heard the learned counsel for the petitioner and the Public Prosecutor.
2. A charge-sheet has been filed against the petitioner herein for the offences under Section 124-A and 506 IPC and under Section 8(1) of A.P Public Security Act.
3. 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 under Section 124-A IPC, sanction of appropriate Government is necessary. Section 196(1) 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 under Section 153-A (Section 295-A or sub-section (1) 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.”
4. 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.
5. Under the above said circumstances, this petition is allowed and PRC 37 of 1998 is quashed.
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