Smt. Vidhyawati Patel v. The State Of Madhya Pradesh

MCRC-6584-2014 (SMT. VIDHYAWATI PATEL Vs THE STATE OF MADHYA PRADESH) 30-06-2016 Shri Manish Datt, Senior Advocate with Shri Rahul Sharma, Advocate for the petitioner. Shri Akhilendra Singh, Govt. Advocate for the respondent/State. Heard. The petitioner has filed this petition under section 482 of the Code of Criminal Procedure being aggrieved by the order dated 16.4.2014 passed by 2nd Addl. District Judge, Rewa in criminal revision no.78/2014 affirming the order dated 3.2.2014 passed by JMFC Mauganj, District Rewa in Criminal Case No.98/2014 with regard to rejection of the prayer of the applicant for quashment of proceedings for want of sanction of prosecution of the Central Govt. or the State Govt. before taking cognizance of offence under section 295-A I.P.C. On perusal of the impugned order it is found that the learned court below have rejected the aforesaid prayer on the ground that in the case Collector/District Magistrate, Rewa has granted sanction to prosecute the applicant under section 295-A

MCRC-6584-2014 (SMT. VIDHYAWATI PATEL Vs THE STATE OF MADHYA PRADESH) 30-06-2016 Shri Manish Datt, Senior Advocate with Shri Rahul Sharma, Advocate for the petitioner. Shri Akhilendra Singh, Govt. Advocate for the respondent/State. Heard. The petitioner has filed this petition under section 482 of the Code of Criminal Procedure being aggrieved by the order dated 16.4.2014 passed by 2nd Addl. District Judge, Rewa in criminal revision no.78/2014 affirming the order dated 3.2.2014 passed by JMFC Mauganj, District Rewa in Criminal Case No.98/2014 with regard to rejection of the prayer of the applicant for quashment of proceedings for want of sanction of prosecution of the Central Govt. or the State Govt. before taking cognizance of offence under section 295-A I.P.C. On perusal of the impugned order it is found that the learned court below have rejected the aforesaid prayer on the ground that in the case Collector/District Magistrate, Rewa has granted sanction to prosecute the applicant under section 295-A I.P.C. The learned court below has ignored the provisions of section 196(1) of Cr.P.C. The provision of section 196(1) of Cr.P.C. is reproduced hereinbelow :-

196 Prosecution for offences against the State and for criminal conspiracy to commit such offence No Court shall take cognizance of-1. (a) any offence punishable under Chapter VI or under section 153A, section 295A 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 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government. 1A. No Court shall take cognizance of- (a) any offence punishable under section 153B or Sub-Section (2) or Sub-Section (3) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. No Court shall take cognizance of the offence of2. any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary. The Central Government or the State Government3. may, before according sanction under Sub-Section (1) or Sub-Section (1A) and the District Magistrate may, before according sanction under Sub-Section (1A) and the State Government or the District Magistrate may, before giving consent under Sub- Section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in Sub-Section (3) of section 155. In view of the aforesaid provision, it is abundantly clear that in this case since the offence is registered under section 295- A of the I.P.C., the sanction of the State Govt. or the Central Govt. for prosecution is must, which, in the instant case, is not obtained and has obtained the sanction from District Magistrate/Collector. Hence, the order of taking cognizance of offence under section 295-A I.P.C. is not just and proper and is contrary to law and in order to secure the ends of justice, the same deserves to be set aside. Thus, in view of the aforesaid discussion, the impugned orders dated 16.4.2014 and 3.2.2014 are set aside and the matter is remanded back to the JMFC Mauganj, Rewa, who is directed to examine the case as to whether the sanction of the State Govt. or the Central Govt. is obtained by the prosecution or not ? If the Magistrate after examination of record comes to the conclusion that the sanction from State Govt. or the Central Govt. is obtained, then the Magistrate may proceed with the matter, else close the proceedings. With the aforesaid direction, this petition stands disposed A copy of this order be sent to the learned JMFC Mauganj, Rewa for information and compliance. (J. P. GUPTA) JUDGE