DEBENDRA RISHI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure for quashing the investigation of cognizable cases, or cognizable offences, under sections 153-A, 295-A and 297, IPC concerning Bagmara P.S. Case No. 19 of 1987 : GR Case No. 162 of 1987 of the Court of the Additional Deputy Commissioner, West Garo Hills, Tura.

(2.) In the present case, the police started investigation of a cognizable case or offence under section 295, IPC. During the course of investigation, the police sought permission of the learned Additional Deputy Commissioner to add offences under sections 153-A and 295-A. The learned Additional Deputy Commissioner by an order dated 20 April 1987 permitted to add the said offences and to investigate accordingly. The relevant portion of the order of the learned Additional Deputy Commissioner runs in the following terms: Heard the submission of P.S.I. who submits that the F.I.R. contains ingredients for offence under sections 295-A, I.P.C. and 153-A. I.P.C. Pursued the F.I.R. and I.0.s report. The submission of P.S.I. agreed to Inform 1.0. to investigate accordingly and submit report in time.

(3.) Mr. B.K. Das, the learned counsel for the petitioners, has submitted that the learned Additional Deputy Commissioner has taken cognizance of the offences under sections 153-A and 295-A. But, under section 196 of the Code, no Court shall take cognizance of any offence punishable under sections 153-A and 295-A except with the previous sanction of the state Government. No Sanction from the State Government has been obtained. Therefore, the learned Magistrate could not state cognizance of the offences under sections 153-A and 295-A.