State must sanction PP case

The Hyderabad High Court has held that though sanction from the state government concerned is required to prosecute a person under the Passports Act, no writ of mandamus can be issued on the facts of the case to the investigating officer to obtain sanction after the trial court had taken cognizance of the offence.

Justice A. Ramalingeswara Rao was dismissing a petition by an advocate of the city, seeking to declare as illegal the failure by an investigation officer to obtain sanction order from the state Law department to prosecute his wife under the Passports Act for obtaining a passport by providing incorrect date of birth.

The petitioner urged the court to direct the investigation officer to obtain sanction orders from the government.

The judge said: “Admittedly Section 15 of the Passports Act bars institution of the case for violation of the provisions of the Act before a competent court without obtaining proper sanction. Chapter XIV of the Cr.PC deals with the conditions for initiation of proceedings. Cognizance of offence by the magistrates is provided under Section 190 thereof. In the instant case, the investigating officer completed the investigation and submitted a report. Cognizance in the case was taken by the magistrate.”

The judge noted that under such circumstances, the only course left open for the magistrate was to return the charge sheet for not obtaining proper sanction for proceeding with the case and for presentation of charge sheet along with requisite sanction.