This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.559 of 2005 on the file of the Judicial Magistrate No.2, Madurai.
2.It is averred in the petition that the respondent police laid charge sheet against the petitioner for the offence under
Section 13(2) of the Unlawful Activities (Prevention) Act, 1967. The petitioner was taken away from his Auto Stand on 28.09.2002 at about 21.00 hours alleging that he was raising slogan in support of banned organisation viz., LTTE. The respondent has filed charge sheet without obtaining sanction from the Government as per the provisions contemplated under the Act. When there is a bar for taking cognizance without prior sanction of the Government, the proceedings as against the petitioner are liable to be quashed.
3.The learned counsel for the petitioner has contended that the proceedings in C.C.No.559 of 2005 as against the petitioner for the alleged offence under Unlawful Activities (Prevention) Act, 1967 are liable to be quashed for want of sanction.
4.The learned Government Advocate (criminal side) per contra contends that offences as charge sheeted are made out from the materials collected during investigation and therefore, this criminal original petition is liable to be dismissed. He further contends that trial has commenced and only few more witnesses are yet to be examined before the trial Court. Further, he concedes that sanction from the Government has not been obtained in this case.
5.The petitioner has charge sheeted for the offence under
Section 13(2) of the Unlawful Activities(Prevention) Act, 1967. Section 45 of the Act, specifically provides that cognizance of any offence under the Act in Chapter III shall be taken by the Court only with the previous sanction of the Central Government. Offences charged as against the petitioner is under
Section 13(2) of the Act, which comes under Chapter III of the Act. Therefore, previous sanction of the Central Government is a pre-requisite condition to take cognizance of the offence. But, in this case, without prior sanction of the Government, the Judicial Magistrate took cognizance of the offence and proceeded the case in C.c.No.559 of 2005.
6.Though some of the witnesses have been examined in this case by the trial Court, the petitioner need not be put under ordeal, when the entire proceedings is against law as already stated.
7,.Considering the above facts, this Court is of the view that it is a fit case to invoke the inherent jurisdiction of this Court under
Section 482 of Cr.P.C.
8.In the result, this criminal original petition is allowed and the proceedings in C.C.No.559 of 2005 on the file of the Judicial Magistrate No.II, Madurai are quashed as against the petitioner. Consequently, connected miscellaneous petition is also dismissed.
To
1.The Judicial Magistrate No.2, Madurai.
2.The Inspector of Police, B-12, Tallakulam Police Station, Law and Order Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..