1998 (3) TMI 677

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gistrar as required under Section 149 (3) thereof. The prosecution is also for certain offences under the Indian Penal Code. Aggrieved thereby the respondents moved the High Court by filling a petition under Section 482 Cr. P.C. In disposing of the petition the High Court observed that a sanction under Section 149(3) for prosecution under Section 147(1)(d) cannot be given without giving the party concerned a prior hearing. Since, admittedly, the respondents were not given such hearing, the High Court directed that the complaint relating to the above offence shall not proceed till notice to the respondents were given and sanction was accorded after hearing them. However, it clarified, the complaint for the remaining offences shall, in no way....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f a sanction for prosecution under Section 147(1) (c) is contemplated and not otherwise. From the impugned order of the High Court we find that when the above contention was raised before it on behalf of the respondents therein (the appellants before us), the High Court observed that the words "such sanction shall not be given" are to be interpreted in the context of the provisions made for the sanction in connection with two different categories of offences and when so interpreted it would necessarily mean that sanction required to be given either by the Registrar or by the State must be preceded by a notice to and hearing of the parties concerned. The High Court, however, did not spell out, either in interpreting the section or....