10
Crl.P. No. 225 of 2023
section 196 of the Code that no Court shall take cognizance of any
offence punishable under the above-referred sections of the PPC.
Neither an FIR can be registered nor can a permission from the
Secretary justify the act of the Magistrate. As contemplated in
section 196 of the Code, no Court shall take cognizance of the
offences of the PPC, mentioned therein, unless upon a complaint
filed by the authorities concerned, therefore, the Trial Court had no
jurisdiction to take cognizance of sections 121-A, 124, 153-A and
505 of the PPC, on the basis of the FIR, hence, the judicial
proceedings initiated by it to the extent of such offences are coram
non judice. However, rest of the offences incorporated in the FIR,
which are outside the purview of section 196 of the Code, are
cognizable by the Court.
9.
Without prejudice to the above, admittedly, the petitioner
was not nominated in the FIR. During the investigation, the I.O
reached a conclusion that the petitioner is a conspirator along with
the
main
accused,
therefore,
subsequently
through
a
supplementary statement he was involved in this case. The main
evidence against the petitioner is the transcript allegedly recovered
on the pointation of the main accused from his house, when he
was in custody. The petitioner has specifically denied the existence
and authenticity of the transcript, therefore, its evidentiary value
to the extent of the petitioner is not free from doubt. Besides, if the
alleged views orally expressed by the main accused during the live
telecast are believed to be true and in violation of any reasonable
restriction imposed by law, a question arises as to how the
petitioner, can be held responsible for the act of the main accused,
merely
on
the
ground
that
he
being
a
member
of
the
administration of the broadcaster, is equally responsible. It is a
settled principle of law that each person is responsible for his
deeds and actions, hence, holding the petitioner responsible for the
act of the main accused, without prima facie cogent evidence, is
unjustified. Consequently, in the absence of a complaint by a
competent authority to the extent of the offences of PPC,
mentioned in section 196 of the Code and because of lack of the