Manoj Rai and Others Vs. State of M.P.
EmailAppeal: Civil Appeal No. 762 of 1998
(Arising out of SLP (Crl.) No. 155 of 1998
(Arising out of SLP (Crl.) No. 155 of 1998
Petitioner: Manoj Rai and Others
Respondent: State of M.P.
Apeal: Civil Appeal No. 762 of 1998
(Arising out of SLP (Crl.) No. 155 of 1998
(Arising out of SLP (Crl.) No. 155 of 1998
Judges: M.K. Mukherjee & S.S.M. Quadri, JJ.
Date of Judgment: Mar 07, 1998
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 196(1) – Indian Penal Code – Section 295-A – Prosecution – Offence under Section 295-A of IPC – Launch of prosecution proceedings without sanction under section 196(1) of Cr.P.C. Held such proceedings not sustainable.
Criminal Procedure Code, 1973
Section 196(1) – Indian Penal Code – Section 295-A – Prosecution – Offence under Section 295-A of IPC – Launch of prosecution proceedings without sanction under section 196(1) of Cr.P.C. Held such proceedings not sustainable.
JUDGEMENT:
Order
1. Leave granted. Heard the learned Counsel for the parties.
2. Since the learned counsel for the State fairly states on instructions that no sanction was given in accordance with Section 196(1) of the Criminal Procedure Code to prosecute the appellants for the offence under Section 295-A of the Indian Penal Code, we allow this appeal and quash the impugned proceedings. Let the written instructions received by the learned counsel for the ~4~ State in this regard be kept on record as desired by him.
1. Leave granted. Heard the learned Counsel for the parties.
2. Since the learned counsel for the State fairly states on instructions that no sanction was given in accordance with Section 196(1) of the Criminal Procedure Code to prosecute the appellants for the offence under Section 295-A of the Indian Penal Code, we allow this appeal and quash the impugned proceedings. Let the written instructions received by the learned counsel for the ~4~ State in this regard be kept on record as desired by him.
