...sheet in said C.C 554/94 filed along with the petition discloses that the said crime No. 16/92 was booked by the police under Section 295-A against these petitioners on complaint dated 22.2.1992 of CW1 Rama Naik. On investigation of...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 ...:Whether obtaining of sanction contemplated under Section 196 Cr. P.C for prosecution of the accused for the offence under ...

...filed the Protest Petition and accordingly, ld. Trial Court issued summons against the petitioner under Sections 153A/153B IPC without having sanction under Section 196 Cr PC from the Central...report under Section 173 Cr PC on 23.04.2014 before the ld. Magistrate, whereby the petitioner was placed in Column no. 12 stating that there is no sufficient material to chargesheet the petitioner...that section 196(1)(a) cr.pc mandates the prior sanction of the Central Government for proceeding to prosecute the accused for that offence. In this case admittedly such sanction was not obtained...

...requisite sanction under section 196 Cr. P.C has not yet been granted and, therefore, the proceedings cannot continue. Another representation before the District Magistrate, Kanp...section 196(1) of the Code enjoins that no Court shall take cognizance of any offence punishable under Chapter VI, I.P.C except with prior sanction of the Central Government or the State ...section 482 Cr. P.C No doubt, the sanction required under section 196(1) Cr. P.C is prerequisite but it is for the applicants to rai...

...) Since no prior sanction as envisaged under Section 196 Cr. P.C either of the Central Government or of the State Government has been taken prior to taking cognizance, which is...IPC against the accused in absence of any sanction as envisaged under Section 196 Cr. P.C or not? Let us examine the provisions of Section ...view of the order being passed by me in this case.16. Regarding the points raised by the petitioner that prior sanction under Section 196 Cr. P.C was must...

...22.11.2000 under section 193 of the Code of Criminal Procedure. The learned Sessions Judge also took cognizance of the offence under section 193 Cr. P.C...required under section 196 Cr. P.C But the proceeding cannot be quashed on such ground alone. Mr. Moitra points out that the learned Sessions Judge took cognizance of the offence on 22.1...quashed as the same was proceeding without any order of sanction under section 196 Cr. P.C But the facts and circumstances are different in the present case. Here ...

...having sanction under Section 196 Cr P C from the Central Government on the record. 14. Moreover, after investigation, Police has filed the chargesheet, whereby stated...offence under Section 153A IPC. There can be no manner of doubt that Section 196(1)(a) Cr.PC mandates the prior sanction of the Central Government for proceeding to prosecut...State fairly states, on instructions, that no sanction was given in accordance with Section 196(1) of the Criminal Procedure Code to prosecute the appellants for the offence under...

..., 295-A and 504 of I.P.C By an order dated 7.11.2012, cognizance was taken only in respect of the offence punishable under section 295-A and summons was issued.6. In Manoj Rai v. State of M.P,3. prose...sections 153-A, 295 and 295-A of I.P.C and the Magistrate having directed the investigation under section 156(3) of Cr. P.C by the Station House Officer, Madivala, this Court was approached for re...for the respondent did not contend that sanction of the Government was obtained under section 196(1) of Cr. P.C before instituting the complaint in question or before the...

...therefore be taken in the absence of sanction under section 196-A Cr. P.CMr. Mehta learned counsel for the State countered the argument by submitting that...Police Establishement are concerned. There was therefore no necessity for sanction under section 196-A Cr. P.C Mr. Mehta also submitted that even otherwise it was not...necessary to obtain sanction under section 196-A Cr. P.C in the case of an offence under section 120-B read with section 161 I.P.C...

...of the offences punishable under section 409, 468, 471, 120 RPC.The petition under section 561-A on hand, filed on 3.9.2007, seeks quashment of the charge-sheet and proceed...the petitioners that as one of the offences alleged against the petitioners is criminal conspiracy punishable under section 120-B, respondent no. 2 was under an obligation to seek ...AIR 1967 SC 1590 do not advance the petitioners' case. It is to be noted that the sanction in section 196-A Cr. P.C...

...held that the question of sanction under section 196 Cr. P.C can be raised and considered at any stage of the proceedings and further in considering the question whether or...said that want of sanction under Section 197 of the Code is a prohibition against institution of the proceedings, and the applicability of the section must be judged at the earliest stage of the...or by the sanction of the State Government, protection under section 197 of the Code is not available to him. Reference in this connection can be made to a decision of the Supreme Court in the case of...

...complaint of defamation filed by him against the respondent on the ground that sanction under Section 196 of the Cr PC was not obtained as the facts of the complaint disclosed an offence under...the respondent. After the petitioner was examined, the respondent filed an application stating that the allegations in the complaint would amount to an offence under Section 171-G, I.P.C, for which ...Magistrate accepted the contention of the respondent and held that the allegations would amount to an offence under Section 171-G, I.P.C, and that as no sanction was obtained as required ...

...and accordingly charges under the said sections should be framed. The ld. P.P also submitted before the court requisite sanction order under section 196 Cr. P.C for pros...required under section 196(1)(a) of the Code of Criminal Procedure. But the ld. Judge was of the view that there are...sufficient incriminating materials, the statements of witnesses, the judicial confession of the accused Gurpreet Singh recorded under section 164 Cr. P.C and other...

...) that there was no proper sanction for the prosecution of the petitioners for some of the offences as required under section 196-A, Cr. P. C., and(ii) that the commitment of the accused...regards the second objection that there has been no proper sanction as required under section 196-A Cr P C. the objection seems to be based upon a misapprehension. The learned c...the prosecution of the petitioners has been obtained as required under section 196-A Cr. P C. and that a copy of the sanction order...

...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 cogniz...elaborately discussing the powers of the Magistrate under Section 196 of Cr. P.C. has held that sanction is an absolute legal requirement before filing any complaint before the...sanction could be granted under the circumstances of the case or not Therefore, the protection arm provided under Section 196(1) of Cr. P.C. cannot be at any stretch of ...

...whole trial was vitiated by the failure of the prosecution to obtain sanction under Section 196-A of the Cr PC. His argument on this head was adopted by the learned Advocates appearing for the other..., there could be no prosecution for the offence of criminal conspiracy without the sanction of the Provincial Government under Section 196-A of the Cr PC. But in this case, as Mr. Talukdar who has..., Mr. Talukdar's submission on this head. The object of the criminal conspiracy to which the petitioners were parties was to commit a cognisable offence which did not require sanction under Section 196-A of the ...

...opinion that since Section 196 of the Cr PC provides that no Court shall take cognizance of any otfence punishable under Chapter IXA of the Indian Penal Code, unless upon complaint made by order of or ...taken cognizance of the case of an offence under S. 171-F and accordingly he was of the opinion that the entire trial was void ab initio due to lack of requisite sanction under Section 196 of the ...Representation of the People Act having omitted the inclusion of S. 171-F under Section 196 of the Cr PC...

...application M.P No. 67 of 1957 in the lower Court for dropping further proceedings on the ground that the complaint would fall under Section 171-G, I.P.C which requires for its maintenance the ...prosecution can be initiated for an offence under Section 171-G without the sanction of Government as provided in section 196 Cr. P.C But it...when the offence strictly falls within the purview of this section that sanction is necessary. Therefore, where the statement is merely defamatory and does not fall under this section no sanction is...

.... PC before the learned Chief Judicial Magistrate, Shillong, who, after hearing the parties, framed the charges under sections 505(2)/500, IPC. Admittedly, the offence punishable under section 505(2), IPC is a cognizable of...investigating the case by the police. After the case was investigated by the police, the charge sheet was submitted by them to the learned Magistrate under section 173, Cr. PC for trying the petitioner under ...section 173(2) Code of Criminal Procedure (Cr. PC) while investigating both a cognizable offence and a non-cognizable offence under section 155(4), Cr. PC even after the accused ...

...latter remains compoundable; in the former case for the initiation of the proceedings, the Legislature requires the sanction of the Court under Section 196 of the Cr PC in the latter case, cognizance can...remains an offence ‘punishable’ under S. 211. Process should not issue under the former section be the application of a person discharged or acquitted, when the Court has refused sanction under the...latter section.2. The reason given by the learned Judge for this view of the law is that if, after sanction has been refused, prosecution under S. 500 was allowed, the provisions of...

...conspiracy punishable under Ss. 467 and 471, Penal Code. By the provisions of Section 196-A of the Cr PC the sanction of the local Government was necessary to the initiation of...procedure; and held that the proper procedure was to obtain the sanction under Section 196 of the Cr PC and make a fresh complaint. The High Court did not express any opinion on the question whether the tr...applicant. He also found that the charge under Section 161 of the Penal Code, must also fail because the required sanction...