SONAM GANBO Vs. STATE OF J&K

JUDGEMENT

(1.) THE inherent jurisdiction of the court is sought to be invoked to quash the criminal proceedings pending in the court of Sessions Judge, Leh on the ground that court has taken cognizance of the offences punishable under Section 153 -A/295 -A Ranbir Penal Code without complying the mandate of Section 196 of the Code of Criminal Procedure.

(2.) THE First Information Report was registered in Police Station Leh on the basis of letter written by the District Magistrate, Leh on 11 -07 -2000 to the Senior Superintendent of Police, Leh. This letter reads as under: - "To The Sr. Superintendent of Police, District Leh. Sir, It has been brought to my notice that a public meeting was held in Polo ground Leh on 10 -07 -2000, by Ladakh Budhist Association, in which reportedly Sh. Sonam Ganbo, Vice -President, LBA allegedly made certain remarks which has reportedly hurt the religious sentiments of a particular community. You are, requested to register an FIR in the matter and investigation be got conducted. Sd/ - (District Magistrate) Leh (Ladakh)"

(3.) SO the investigation commenced with the registration of the case under Section 153 -A and 295 -A RPC. The Investigating Police Officer came to the conclusion that the accused -petitioner herein is guilty of the offence and he was sent up for trial under the afore said offences. The learned Sessions Judge, took cognizance of the offences and vide order dated: 22 -09 -2000 found that prima facie charge under section 153 -A & 295 -A RPC is made out against him. So a formal charge -sheet was also framed against the petitioner.