PARESH NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 7.3. 2006 passed by Sri Muni Lal Paswan, Additional Sessions Judge-XII, Patna in Criminal Revision No. 831/05 as well as the order of cognizance dated 20.8.2005 passed by Sri S.D. Dwivedi, Judicial Magistrate, Patna City in Complaint Case No. 915/2004 thereby and thereunder he has taken cognizance under Sections 295A and 501 of the Indian Penal Code against the petitioners as also the entire criminal proceeding.

(2.) The main contention of the learned Counsel for the petitioners is that the cognizance has been taken under; the above provisions in complete violation of Section 196 of the Code of Criminal Procedure. Section 196 of the Criminal Procedure Code prohibits the court to take cognizance under Section 295A of the Indian Penal Code without prior sanction of the Central or State Government as the case may be Second submission of learned Counsel for the petitioners is that Section 501 is not applicable in this case as there is no allegation of defamation of any "person".

(3.) This Court finds substance in both submission of learned Counsel for the petitioners. Section 196(1) debars the court to take cognizance under Section 295A of the Indian Penal Code without prior sanction of the concerned government/authority, which runs as follows; 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence;- (1) No Court shall take cognizance (a) any offence punishable under Chaapter VI or under Section 153-A, Section 295-A or Sub-section (1) of Section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abatement, as is described in Section 108-A of the Indian Penal Code (45 of 1860) except with the previous sanction of the Central Government or of the State Government.