POONAM PANDEY Vs. SUMESH

JUDGEMENT

(1.) Respondent having filed a complaint under Section 200 of Cr.P.C. alleging commission of offences punishable under Sections 295, 295A and 504 of IPC against the petitioner, cognizance was taken only in respect of the offence punishable under Section 295-A and process was issued to the petitioner in C.C. No. 22865/12 by the VI Additional Chief Metropolitan Magistrate, Bengaluru. Assailing the said action and seeking quashing of the entire proceedings of the said case this petition was filed.

(2.) Sri K Diwakara, learned advocate, contended that sanction for prosecution having not been obtained in terms 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 reported in : 1981 Crl. L.J. 113 and : 1990 Crl. L.J. 2511. He submitted that the case being covered by the enunciation of law in the said decisions, the petitioner is entitled to the relief.

(3.) Sri C S Prasanna Kumar, learned advocate appearing for the respondent, on the other hand, supported the impugned order and sought for dismissal of the petition.