Bombay HC: The Magistrate and Sessions court must see before issuing process against accused whether investigating officer has obtained sanction as per S. 195, 196, 197, 198 of CRPC if it is required

 We are disturbed to note that Judges from the District Judiciary are not paying attention to the requirements under Sections 195, 196, 197, 198 of the Code of Criminal Procedure. The embargo created under these provisions should be considered by them before taking cognizance. In succession in recent times we are coming across such orders which have been passed without considering these provisions under the Code of Criminal Procedure. If these basic provisions are not adhered to, then it is prejudicial to the accused persons as they would be unnecessarily asked to face the trial when there was defect or illegality in passing of the order of taking cognizance of the offence itself. Therefore, we want to put the Judges of the

District Judiciary on guard and direct them that they should consider these provisions whenever they are necessary and pass detailed orders in respect of the same. {Para 11}

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

901 CRIMINAL APPLICATION NO.2375 OF 2019

Dnyaneshwar Rohidas Wakale, Vs   The State of Maharashtra

CORAM : SMT. VIBHA KANKANWADI &

S.G. CHAPALGAONKAR, JJ.

DATE : 19th SEPTEMBER, 2024

Citation: 2024:BHC-AUG:22690-DB

ORDER : (PER : SMT. VIBHA KANKANWADI, J.).

Read full Judgment here: Click here.

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