1949 JTR(Pat) 40
1951 AIR(Pat) 513 ; 1951 CrLJ 71001 ; 1951 KHC 5691
PATNA HIGH COURT
V.Ramaswami, J.
Abdul Mian
Versus
King
Criminal Revision No. 800 of 1949 ;
Decided On : AUGUST 18, 1949
The lack of sanction from the Provincial Govt. for the prosecution constitutes a defect in the jurisdiction of the court, rendering the proceedings wholly illegal from the start.
Act Referred :CRIMINAL PROCEDURE CODE : S.190, S.537
Sanction - Criminal Prosecution - Illegal Conviction under Sec.298 I. P. C. without Sanction of Provincial Govt.
Fact of the Case:
On 12-8-1948, Kara Dusadh found six individuals slaughtering a bullock in an open field and informed the police. The case was transferred to another magistrate who convicted the individuals under Sec.298 I. P. C. without the sanction of the local Govt.
Finding of the Court:
The court found that the conviction of the individuals under Sec.298 I. P. C. without the sanction of the Provincial Govt. was illegal.
Issues: The main argument was the lack of sanction by the local Govt. for the prosecution of the individuals.
Ratio Decidendi: The court held that the lack of sanction from the Provincial Govt. for the prosecution constituted a defect in the jurisdiction of the court, rendering the proceedings wholly illegal from the start.
Final Decision: The court made the rule absolute, setting aside the conviction and sentence imposed on all the individuals.
Sanction - Criminal Prosecution - Illegal Conviction under Sec.298 I. P. C. without Sanction of Provincial Govt.
Fact of the Case:
On 12-8-1948, Kara Dusadh found six individuals slaughtering a bullock in an open field and informed the police. The case was transferred to another magistrate who convicted the individuals under Sec.298 I. P. C. without the sanction of the local Govt.
Finding of the Court:
The court found that the conviction of the individuals under Sec.298 I. P. C. without the sanction of the Provincial Govt. was illegal.
Issues: The main argument was the lack of sanction by the local Govt. for the prosecution of the individuals.
Ratio Decidendi: The court held that the lack of sanction from the Provincial Govt. for the prosecution constituted a defect in the jurisdiction of the court, rendering the proceedings wholly illegal from the start.
Final Decision: The court made the rule absolute, setting aside the conviction and sentence imposed on all the individuals.
Judgment
Ramaswami, J.
1. It is necessary to state the material facts giving rise to this rule. On 12-8-1948 at about noon one Kara Dusadh found six appcts. slaughtering a bullock in an open field at a distance of about ten rasis from his house. He informed the S. I. of Police, who after investigation submitted charge-sheet under Sec.295A, I. P. C. After taking cognizance, the Subdivisional Mag. transferred the case to another first class Mag. who has convicted the appcts. not under Sec.295-A but under Sec.298 I. P. C.
2. The main argument is that since the prosecution has not been sanctioned by the local Govt., the conviction of the appcts. is illegal. In my opinion, this argument is well founded & must prevail. The lower appellate Ct. has observed that there is no defect in cognizance since the appcts. have been ultimately convicted under Sec.298, I. P. C. upon the same complaint. But it is not permissible to look at; the ultimate result of the trial in order to examine whether the Mag. has taken legal cognizance of the case: see Ravanappa V/s. Reddi V/s. Emperor, A. I. R. (19) 1932 Mad. 233: (33 Cr. L. J. 36l) & Narain Singh V/s. Emperor,. A. I. R. (12) 1925 ALL. 129 : (26 Cr. L. J. 446). In my opinion, the proceedings in the present case are wholly illegal from the start for want of sanction of the Provincial Govt. for the prosecution of the appcts. In Gokulchand Dwarkadas V/s. The King, 1948-I M. L. J. 243 : (A. I. R. (35) 1948 P. C. 82 : 49 Cr. L. J. 261) the Judicial Committee observed that sanction to prosecute constitutes a condition precedent to the institution of the prosecution; the giving of the sanction confers jurisdiction on the Ct. to try the case; and where there is no valid sanction there is a defect in the jurisdiction of the Ct. which can never be cured under Sec. 537, Cr. P. C. Precisely the same opinion has been expressed by the F. C. in Basdeo Agarwalla V/s. The King, 1945 F. L. J. 45 : (A.I.R. S(82) 1945 F. C. 16 : 46 Cr. L. J. 510).
3. Upon these grounds, I would make this rule absolute & set aside the conviction & sentence imposed on all the appets.