BIPLAB DAS & ORS Vs. STATE & ANR

JUDGEMENT

(1.) This is an application under Section 482 read with Section 401 of the Code of Criminal Procedure (hereinafter called as the said Code) wherein the Order No.1 dated 18th July, 2012 as passed by the learned Chief Judicial Magistrate, Howrah and also subsequent orders passed in that Complaint Case No. 612-C of 2012 (T. R. No. 80 of 2012) by the Judicial Magistrate 1st Court, Howrah, have been assailed before this Court.

(2.) Cognizance was taken by the Chief Judicial Magistrate, Howrah, as per Order No. 1 dated 18th July, 2012 and thereafter, the case was transferred to the Judicial Magistrate, 1st Court, Howrah and on examination of the witnesses under Section 200 of the Cr.P.C. The said learned court issued process against all the accused persons for the offence punishable under Sections 295/295A/120B and 426 of the Indian Penal Code.

(3.) It is the submission of Mr. Ganguly, learned senior Advocate, appearing on behalf of the petitioners that as the accused persons belong to Hindu community and the place of alleged destruction and the idol being one Hindu deity, no offence under Section 295 or 295A can be committed by the accused persons whoever Hindus. He further submitted that Section 295A requires prior sanction of the Central Government or the State Government, as the case may be, in terms of Section 196 of the Code and he submitted that such permission was not at all taken by the complainant before the Magistrate took cognizance in respect of the offence as stated above.