The petitioner figures as accused No.9 therein.
companylection of arms for the purpose of waging war against the Government etc.
Sessions Judge, Ahmedabad.
Sanction for prosecution as required by Section 196 1 of the Criminal Procedure Code was obtained on 7th May, 2000, such sanction being necessary in view of the fact that the petitioner stands accused of some of the offences falling under Chapter VI of the Indian Penal Code viz.
Hence, this Special Leave Petition.
That application was rejected by the learned Addl.
P.C. In that revision an additional ground was raised for the first time that the entire proceedings including companymittal of the case to the Court of Sessions are vitiated by illegality for want of sanction under S. 196 Cr.
The petitioner applied to the Court of Sessions for discharge on the ground that there was numberprima facie evidence to frame the charge against him.
Sanction accorded by the State Government was produced before the Court of Sessions before the charge was framed against the petitioner accused.
The case being triable exclusively by the Court of Sessions, the learned Magistrate submitted the case to the Court of City Sessions by an order dated 4.5.2000.
A charge sheet for offences punishable under Sections 120 B, 121, 121 A, 122, 123, 212 and under Sections 25 1 A and B , 27 of the Arms Act came to be filed by the police on 12th April, 2000 in the Court of Metropolitan Magistrate.
Thereupon, a revision petition was filed in the High Court under S. 397/401 Cr.
Sessions Judge, Ahmedabad.
After numberice to the State, we have heard the learned companynsel.
P.C. and, therefore, the criminal proceedings cannot go on against him.
Venkatarama Reddi, J. This Special Leave Petition arises out of the order passed by the learned Single Judge of the High Court of Gujarat, rejecting the revision application filed by the petitioner herein against the order of Addl.
The High Court by the impugned order dated 3.11.2001 dismissed the revision application, rejecting both the grounds urged.
