- 1 - NC: 2025:KHC-D:266 CRL.P No. 103035 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103035 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: ALBERT S/O. PELIKSHE MASKERNAS AGE. 40 YEARS, OCC. PRIVATE SERVICE, R/O. NEAR 5 ROAD CHURCH ROAD, TQ. SIRSI, DIST. UTTARA KANNADA-581401. …PETITIONER (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA BY SIRSI TOWN POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE PETITION AND QUASH ENTIRE PROCEEDINGS IN CC NO.447/2023 (ARISING OUT OF SIRSI TOWN P.S. CR.NO.74/2018) AT ANNEXURE-D PENDING BEFORE SENIOR CIVIL JUDGE AND PRL.JMFC COURT, SIRSI FOR THE ALLEGED OFFENCES PUNISHABLE U/S 153(A), 295(A), 504, 505(2), 201 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:49 +0530 - 2 - NC: 2025:KHC-D:266 CRL.P No. 103035 of 2024 ORAL ORDER 1. The petitioner is sought to be prosecuted for offenses punishable under Sections 153A, 295A, 504, 505(2), and 201 of the Indian Penal Code (IPC). 2. The prosecution’s case is that the complainant’s mobile number was added to a WhatsApp group named “G Maro Gangadhar,” and he became a member of the group. On 25.03.2018, at 10:00 a.m., the petitioner, also a member of the group, sent a message containing a picture of the Kaaba, the holiest place of Islam, which had been defaced by writing “Kaaba Toilet” on the picture and labeling the toilet basin as “Mecca Kaaba” in English. The petitioner also sent an obscene picture of a woman with the words “Ass Salam Alikum Allah Who Akbar” written on it, and a text message containing the derogatory phrase “bursterd muslims,” along with further abuse directed at the holy messenger, Mohammad Paigambar. 3. Learned counsel for the petitioner submits that the mobile phone, which is the incriminating material, was seized from the petitioner on 26.03.2018, and the panchanama in relation to the seizure of the mobile phone was drawn on 11.01.2021. Therefore, the seizure of the mobile phone, which is crucial to the FIR, is vitiated due to the delay. Additionally, the petitioner argues that in the absence of prior sanction as required under Section 196 of the Cr.P.C., the cognizance taken by the learned Magistrate is without authority of law. 4. Learned Additional Government Advocate submits that the charge sheet material discloses the commission of the aforesaid offenses, and therefore, the learned Magistrate has rightly taken cognizance of the offenses. - 3 - NC: 2025:KHC-D:266 CRL.P No. 103035 of 2024 5. The arguments of the learned counsel for the parties have been considered. 6. Section 196 of the Cr.P.C. specifies that no court shall take cognizance of an offense punishable under Section 153A or Section 295A of the IPC except with the previous sanction of the State Government. 7. In the instant case, the learned Magistrate has taken cognizance of the aforesaid offenses without obtaining the prior sanction of the State Government. Hence, in the absence of prior sanction, the cognizance taken by the learned Magistrate for the aforementioned offenses is without authority of law. Consequently, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I proceed to pass the following: ORDER a) The petition is allowed. b) The impugned proceedings in CC No.447/2023 pending on the file of learned Senior Civil Judge and Prl. JMFC, Sirsi, is hereby quashed. c) Liberty is reserved with the respondents to seek sanction under Section 196 Cr.P.C., and thereafter proceed against the petitioner. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh/List No.: 2 Sl No.: 18