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...obtaining of requisite sanction under section 196 , cr.p.c. for the offence under section 295-a , i.p.c. from the State Government is a condition precedent, and...the short point for consideration in this revision is :
Whether obtaining of sanction contemplated under section 196 , cr.p.c. for prosecution of the accused for the offence under...section 196(2) of cr.p.c. sanction is accorded to prosecute Basavaraja, S/o. Erajjappa and 31 members in Crime No. 16/92 under sections 153-a and 295-a i.p.c. The Inspector of Police Haga...
...offence under Section 295 A is concerned. This shows the non application of mind on the part of the learned Judicial Magistrate. He ought not to have taken cognizance of the offence under Section 295 ...Section 295 A IPC, sanction in terms of Section 196 of Cr.P.C. is necessary. In this case, no sanction has been obtained. Therefore, the impugned proceedings will definitely have...that the petitioners have absolutely no intention whatsoever to outrage the feelings of Hindus. He also raised a legal contention. He pointed out that for taking cognizance of the offence under...
...learned counsel for the petitioners, as per section
196 Cr.P.C., to charge an individual under section 295 A, it is mandatory to get previous ...C.C.No.2863 of 2016.
4. The learned counsel further contended that as per section 196 Cr.P.C., for taking cognizance against a person for the offence under ...13
under section 196 Cr.P.C., the prosecution of offence under section 295 A IPC was quashed. The same legal principle wa...
...invoked against the petitioners. 5. The main contention of the petitioners is that in order to invoke Section 295-A of IPC, the prosecution ought to have obtained the sanction under ...Section 505 of IPC and hence having considered that there is a bar under Section 196 of Cr.P.C. to invoke Section 295-A of IPC against the pet...on perusal of Section 196-A of Cr.P.C., it is clear that in order to take the cognizance for the offence punishable under Section 195-A, it is...
....
6. Sub-section 1 of Section 196 Cr.P.C. provides that cognizance cannot be taken for offence under Section 295-A IPC except with the previou...without previous sanction of Central Government or State Government for offence under Section 295-A of IPC. He further submits that there is no previous sanction of Central Government or State Gov...of IPC by order dated 30.03.2023.
4. Learned counsel for petitioner would contend that as per sub-section (1) of Section 196 of Cr.P.C. cognizance cannot be taken...
...completed and charge sheet has been filed. No sanction under Section 196 of Cr.P.C. has been obtained prior to prosecuting the petitioner- accused under Sections 153(A) and 295(...course of trial. Though it is contended by the learned counsel for petitioner-accused that no sanction has been obtained under Section 196 of Cr.P.C. to prosecute him under Sections 153(A...has been moved for taking sanction under Section 196 of Cr.P.C. and even the charge sheet column also substantiate the same. Even during the course of trial after taking cognizance sanction can be...
...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 provisi...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...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...
...short controversy in the present application is that cognizance has been taken in this case and summons have been issued to the applicant under Section 295 A of I.P.C without there being previous sanction ...which this Court is totally in agreement. Since, admittedly no prior sanction of the State Government as envisaged under Section 196 Cr.P.C has been taken prior to taking...cognizance under Section 295 A I.P.C, the order 4.9.2004 passed by the Civil Judge (J.D)/J.M, Laksar, District Haridwar in Criminal Complaint Case No. 828 of 2004 Sunita Wilson v. Dr. Bharam...
... been initiated for an offence under Section 295-A of IPC, in the absence of sanction under Section 196(1) of Cr.P.C., the prosecution was ...of Section 196 of Cr.P.C., the cognizance taken and process issued, for the offence under Section 295-A is illegal. Reliance was placed on the decisions of...finding that the cognizance had been taken, without obtaining the sanction contemplated under Section 196(1) Cr.P.C., it was held as follows...
...under sections 295-a and 253-a without there being a sanction under section 196(1) Cr.P.C. either from the Central Government or from...sections 153-a and 295-a. The relevant part of section 196(1)(a) reads as follows: p196 PROSECUTION FOR OFFENCES AGAINST THE STATE AND FOR CRIMINAL CONSPIRACY TO COMMIT SUCH OFFENCE: (1) No court ...offences under sections 153-A and 295-A of the Indian Penal Code against the applicant as there was no previous sanction of the Central Government or of the State Government. The...
...the applicants submits that, the learned Judge has erred in taking cognizance of the offence under Sections 295-A of the IPC in absence of the sanction order, as required under ...of the IPC is made out against the applicants. So far as the offence under Section 295-A of the IPC is concerned, learned counsel for the respondents fairly admits that, no sanction, as required under ...for committing an offence under Sections 295-A and 298 of the IPC. So far as the offence under Section 295-A is concerned, as no sanction was obtained before taking the cognizance against the...
...contemplated under Section 196 Cr.P.C for 153-A/295-A IPC.
12. Section 196 Cr,P.C reads as under:
...inquiry, the summoning of the petitioner u/s 298 IPC cannot be sustained.
Summoning under Section153A and 295A IPC in violation of section 196 Cr.P.C...
interference only with regard to the offence under Section 153A IPC. There can be no manner of doubt that Section 196 (1)(a...
.... State of M.P,3. prosecution having been initiated for an offence under section 295-A of I.P.C, in the absence of sanction under section 196(1) of...by the Government by refusing to accord sanction. There is hence an underlying policy which is evident on a reading of the offences enumerated in section 196(1) in respect of which prior sanction is...a must before cognizance of such offence can be taken. Further, under sub-section (3) of section 196, it is laid down that before sanction is accorded, the State Government...
...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...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...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...
...stands challenged by them in this revision on the ground that obtaining of requisite sanction under Section 196 Cr. P.C for the offence under Section 295-A...:Whether obtaining of sanction contemplated under Section 196 Cr. P.C for prosecution of the accused for the offence under Section 295-A...No. 16/92 under Section 153-A and 295-A Cr. P.C IPC. The Inspector of Police Hagaribommanahalli is ordered to investigate the case under Section 196(3) of...
...the State of Madras itself requires that the sanction as required by Section 196 must be obtained if a prosecution is launched by Election Officer. This Section 196, as already stated, does not...person or persons whom he believes to be guilty of the offence of personation after obtaining the previous sanction, required by Section 196, Cr. P. C. 1898, such sanction...obtain the previous sanction as required by section 196 of the code. The question is whether under Section 196 of the Code, sanction is necessary for prosecuting the petitioner for the offence of ...
...Police, such complaint or the charge sheet shall be accompanied by a valid sanction order granted by the competent Jurisdictional State under Section 196 of Cr. P.C. Since...and as pointed out by the learned Advocate General, Section 196(1) provides that, no Court shall take cognizance of any offences under Section 153-A or Section 295-A of IPC...enumerated in Section 196(1) in respect of which prior sanction is a must before cognizance of such offence can be taken. Further, under sub-section (3) of Section 196, ...
..., 1982 stating therein that the prosecution has not procured and produced the sanction of the prescribed authority as required under Section 196-A of the Code of Criminal Procedure...of Shri S.K Sharma, Deputy Advocate General for the State is that the approach of the trial Magistrate in coming to the conclusion that sanction was required under Section 196-A of the Code is not..., amendment of subsection (2) of section 196 of the Code had already been made. A perusal of sub-sections (1-A) and (2) of Section 196 of the Code,...
...mahazar, seized some materials at item 1 to 30. Annexure-A is the order of sanction under Section 196 Cr.P.C A perusal of the impugned order of sanction do not ...from the investigation a prima-facie case is made out. This casual approach by the sanctioning authority is contrary to the mandatory requirement under Section 196 Cr.P.C...religious beliefs of others shall be punished with imprisonment for three years or with fine or both. Section 196 of Cr.P.C specifies that no court shall take cognizance of offence...
...applicants is that charge sheet has been submitted against the applicants under section 153-A of I.P.C. without obtaining prior sanction under section 196 Cr.P.C. It is further submitted that before...submitting charge sheet for offence under section 153-A of I.P.C., requirement of obtaining prior sanction under section
196 Cr.P.C. is mandatory. The aforesaid ground has been...obtaining prior sanction under section 196 Cr.P.C. has not been mentioned, but under the facts and circumstances of this case, prima facie offence under section 153-A of I.P.C. is made out against the...