VALI SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard.

(2.) The petitioners in both these petitions are the accused in C.C. 554/94 facing trial for Section 295-A, I.P.C. before the learned Magistrate, on being charge-sheeted by the Thambrahalli P.S. Crime No. 16/92, H.B. Halli Taluk of Bellary District.

(3.) Certified copy of the order sheet in said C.C. 554/94 filed along with the petition discloses that the said crime No. 1 6/92 was booked by the police under S. 295-A against these petitioners on complaint dated 22-2-1992 of CW 1 Rama Naik. On Investigation of the crime, the charge-sheet was laid for the said offence by the Investigating Officer ('I.O.' for short) on 30-7-1994, on the basis of the sanction under S. 196, Cr. P.C. purported to have been granted by the competent authority for prosecution of the petitioners accused. The criminal prosecution of the accused in C.C. No. 554 of 1994 stands challenged by them in this revision on the ground that obtaining of requisite sanction under S. 196, Cr. P.C. for the offence under S. 295-A, I.P.C. from the State Government is a condition precedent, and that the so-called sanction that was obtained by the I.O. and was filed along with the charge-sheet in the court below is an invalid sanction since it does not conform to the legal requirements of Section 196, Cr. P.C.