SWAMI LAXMANANANDA SARASWAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) -This petition by the accused in G.R. Case No. 24 of 1987 (Trial No. 418 of 1987) pending in the Court of the Judicial Magistrate, G. Udayagiri, for quashing the impugned order of cognizance taken against him for offences under sections 153A and 295A of I.P.C.

(2.) The facts of the case are that the petitioner is a Sanyasi having his Ashram somewhere in Phulbani district. He is a member of Biswa Hindu Parishad. On some occasions be delivered speeches in meetings in some villages preceding in favour of Hinduism and speaking against Christianity. He said in such meetings that the churches constructed in several villages should be destroyed and christian preachers should not be allowed to enter into villages. He also spoke defamatory words against Christianity. On the ground that he was preaching hatred amongst the people of different religions. So as to outrage religious feelings of different sections of people prejudicial to national integration, F.I.R. was lodged against him by the Officer-in-charge of G. Udayagiri Police Station and after investigation, charge-sheet was submitted against him for having commit offences under sections 153A and 295A of Indian Penal Code. On receipt of the charge- sheet, the learned Judicial Magistrate, as referred to above, took cognizance of the offences.

(3.) Mr. A.K. Bose, learned counsel appearing for the petitioner, raised a legal ground stating that before submitting charge-sheet against the petitioner, sanction of the State Government under section 196(1) of the Code of Criminal Procedure was not obtained, and so in the absence of sanction, taking of cognizance was abuse of the process of the Court. Mr. Indrajit Roy, learned Additional Government Advocate verified the lower court records which had been called for and submits that the records do not disclose that sanction for prosecution had been obtained before launching the same by submission of charge-sheet.