Bengaluru: In a major relief to Telangana BJP Legislator Raja Singh and others, the Karnataka High Court has quashed the proceedings under Section 153A of the IPC-pertaining to promoting enmity between different groups-while holding that without the necessary sanction under Section 196 of the CrPC, the proceedings under Section 153A of the IPC could not continue.
A bench headed by Justice M Nagaprasanna heard the petition filed by MLA Raja Singh and others. The Karnataka High court quashed the proceedings and said that the absence of sanction was a fundamental defect in the prosecution. “To allege offences under Section 153A and try them, it is imperative that the State should accord sanction for prosecution of offences under Section 153A.”
Also read: Suspended BJP MLA T Raja Singh alleges Kannadiga Hindus sold their votes
The court further said that there was no sufficient evidence to charge the petitioner under Section 25(1AA) of the Arms Act. On 12 December 2017, Telangana MLA Raja Singh participated in the Hindu Virat convention at Vanikere layout in Yadgiri district. A case was registered against Raja Singh with the complainant accusing him of making a provocative statement and displaying a sword on stage.
Raja along with others was charged with IPC 153(A), 149, 147, 143, 145 and Section 25(1AA) of the Arms Act. The police later submitted a charge sheet to the Yadagiri Magistrate's Court. As the petitioner is a representative of the people, the case was transferred to the Special People's Court. The court had taken cognizance against the accused and considered the case for trial.
The petitioner had approached the High Court questioning the trial.
