WALI ULLAH BEG Vs. STATE OF U P

JUDGEMENT

(1.) BY this petition, the Petitioner challenges the constitutionality of Section 196 Code of Criminal Procedure insofar as it requires a prior sanction of the Government before filing a complaint about offences mentioned therein. It is said that it gives an arbitrary powers to the State Government in the matter of sanction and thus it is discriminatory and violative of Article 14 of the Constitution of India.

(2.) A similar writ petition was dismissed by a Division Bench of this Court on 6 -4 -82 as mentioned in para 12 of the petition on the ground that the proper way to raise constitutionality of the section was provided in Section 395 Code of Criminal Procedure.

(3.) PRESENTLY the petition is only academic so far as the Petitioner is concerned. His complaint has not been dismissed for want of sanction under Section 196 Code of Criminal Procedure. There is actually no case pending at his instance in any Court. He is only intending to do so. Academic questions are not to be disposed of by Courts.