ABBASA ALLABAKSHA MULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The police after investigation submitted a charge sheet against the petitioner - accused No.2 and other accused alleging that, on 25/12/2015, the petitioner and other accused unauthorisedly formed Tipu Sultan circle on a public road and thus obstructed the free movement of the traffic. The learned Magistrate after accepting the charge sheet took cognizance for the offences punishable under Ss. 143 , 147 , 153(A) , 283 read with Sec. 149 of IPC. Taking exception to the same, accused No.2 is before this Court.

(2.) The learned counsel appearing for the petitioner submits that the cognizance taken by the learned Magistrate for the offence punishable under Sec. 153A of IPC is one without authority of law since prior sanction of the Central Government or State Government was not taken.

(3.) On the other hand, the learned High Court Government Pleader appearing for the State submits that the petitioner and other accused having formed Tipu Sultan circle on a public main road, the learned Magistrate after accepting the charge sheet has rightly taken the cognizance of the aforesaid offences and does not warrant any interference.