STATE OF KARNATAKA Vs. PASTOR P RAJU

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal, by special leave, as been preferred against the judgment and order dated 23.2.2005 of Karnataka High Court by which initiation of criminal proceedings against the respondent under Section 153-B IPC were quashed in exercise of jurisdiction under Section 482 Cr.P.C.

(3.) THE principal submission which was made before the High Court on behalf of the respondent was that before initiating any proceedings under Section 153-B IPC, the police ought to have obtained previous sanction of the Central Government or of the State Government or of the District Magistrate as required by Section 196(1-A) Cr.P.C. and in the absence of such a sanction having been obtained, the proceedings initiated against the respondent were illegal and without jurisdiction. After hearing counsel for the parties, the learned judge framed the question for consideration in the following manner :-