JUBER AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. is directed against the order passed by learned Additional Sessions Judge, Dharampuri, District Dhar in Sessions Trial No.354/2015 dated 07.12.2015 by which learned Additional Sessions Judge dismissed the application filed under section 196 of Cr.P.C. by the present applicants.

(2.) The facts giving rise to this application are that a written complaint was lodged by the complainant Chandrabhushan Mahajan at Police Station Dharampuri on 17.08.2015 at 6:00 pm stating therein that on 14.08.2015, the applicants alongwith other members of a particular community took out a rally on motorcycle and raised slogans in favour of Pakistan and against the Nation. Due to this, tension prevailed in the area. It was also alleged that the rally was taken out without obtaining prior permission from the district administration.

(3.) On this complaint, crime was registered under section 124-A of IPC and after due investigation, charge-sheet was filed under section 124-A, 147, 149 and 506 of IPC. As the offence under section 124-A of IPC is triable by the Court of Sessions, the case was committed to the Court of Sessions by the concerning Magistrate and which was made over to the Additional Sessions Judge, Dharampuri. The present applicants filed an application under section 196 of Cr.P.C. stating therein that as per the provisions of section 196 of Cr.P.C., previous sanction of the Central Government or the State Government is required. In this case, admittedly, no such prior sanction of the State Government was obtained, therefore, taking of cognizance by the Magistrate under section 124-A of IPC was illegal and barred by provisions of section 196 of Cr.P.C., therefore, it is prayed by the present applicants that they be discharged from the offence under section 124-A of IPC.