Sri Gopal M @ Gopal G vs The State Of Karnataka
2022 Latest Caselaw 11094 Kant

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                                                          WP No. 14011 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 25TH DAY OF JULY, 2022

                                              BEFORE
                           THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           WRIT PETITION NO. 14011 OF 2022 (GM-RES)
                      BETWEEN:

                      1.   SRI GOPAL M @ GOPAL G
                           S/O MAHABALESHWAR,
                           AGED ABOUT 63 YEARS,
                           R/AT NO.58, J C NAGAR,
                           HUBALLI-580020



                                                                ...PETITIONER

                      (BY SRI. SUYOG HERELE E., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                           THROUGH MANGALORE SOUTH P S,
                           REP BY SPP
Digitally signed by        HIGH COURT OF KARNATAKA,
PADMAVATHI B K
Location: HIGH
                           AMBEDKAR VEEDHI,
COURT OF                   BENGALURU-560001
KARNATAKA




                                                               ...RESPONDENT

                      (BY SRI. K.S. ABHIJITH, HCGP)
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                                      WP No. 14011 of 2022


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
IMPUGNED      ORDER      DTD.21.3.2019      AND     ENTIRE
PROCEEDINGS IN C.C.NO.1990/2019 ON THE FILE OF
LEARNED JMFC (II COURT) MANGALORE D.K. FOR THE
ALLEGED    OFFENCE     UNDER      SECTION   153A   OF      IPC
INCLUDING THE FIR COMPLAINT AND CHARGE SHEET IN
CRIME NO.283/2016 REGISTERED BY THE RESPONDENT
POLICE IN THE INTEREST OF JUSTICE AND EQUITY
(PRODUCED AT ANENXURES - A, B, C, AND D).

     THIS WRIT PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE TH FOLLOWING:

                          ORDER

Heard the learned counsel, Sri. Suyog Herele E.,

appearing for the petitioner and the learned HCGP,

Sri. K.S. Abhijith appearing for the respondent - State.

2. The petitioner is before this Court calling in

question the proceedings in C.C.No.1990/2019 registered

for offence punishable under Section 153A of the IPC.

WP No. 14011 of 2022

3. Learned counsel appearing for the petitioner

would submit that issue in the lis stands covered by the

judgment rendered by the Co-ordinate Bench of this Court

in W.P.No.51293/2017, disposed on 09.06.2022, which

position is not disputed by the learned HCGP. Therefore,

the Co-ordinate Bench of this Court in the aforesaid

petition, has held as follows:

"2. The learned Magistrate accepted the charge sheet and took cognizance of the offences punishable under Sections 504, 505, 506, 153A, 295A read with Section 34 of IPC and issued summons to the petitioners. Taking exception to the same, this petition is filed.

3. The learned counsel appearing for the petitioners submits that the learned Magistrate has taken cognizance of the aforesaid offences contrary to Section 196 of Cr.PC, which specifies that learned Magistrate can take cognizance for the offence punishable under Section 153A of Cr.PC only upon previous sanction by the Central Government or State Government. In the absence of sanction accorded by the Central Government or State Government, the cognizance taken for the aforesaid offences is one without authority of law.

WP No. 14011 of 2022

4. On the other hand, the learned High Court Government Pleader appearing for the State submits that the charge sheet material disclose the commission of offences alleged against the petitioners and the learned Magistrate after considering the charge sheet material has rightly taken the cognizance of the aforesaid offences and the same does not warrant any interference.

5. I have considered the submissions of the learned counsel for the parties.

6. The charge sheet is filed for the offence punishable under Sections 153A of Cr.PC among other offences punishable under the provisions of IPC. Section 196 of Cr.PC specifies that no Court shall take cognizance of any offence punishable under Section 153A of Cr.PC and also Section 295A, except with the permission of the Central Government or of the State Government. In the present case, sanction is not accorded by the Central Government or State Government for prosecuting the petitioner - accused for the offences punishable under Section 153A and Section 295A. Hence, the cognizance taken by the learned Magistrate in the absence of sanction accorded by the Central Government or State Government as specified under Section 196 of Cr.PC is one without authority of law. Accordingly, I pass the following:

WP No. 14011 of 2022

ORDER

i) Writ petition is allowed;

ii) The impugned proceeding in CC No.617/2017 pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC Court, Doddaballapura, is hereby quashed."

5. In the light of the issue being covered by the

aforesaid judgment on all its fours, the petition stands

disposed with the following:

ORDER

i. Writ Petition is allowed.

            ii.          Proceedings pending in C.C.No.1990/2019

                         before     the     JMFC      (II   Court),    D.K.,

                         Mangaluru        qua   the    petitioner     stands

                         quashed.



                                                  Sd/-
                                                 JUDGE

SJK