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1. Whether a sanction to prosecute is equivalent to a sanction to take cognizance? Analysis: The judgment delves into the distinction between obtaining a sanction to prosecute and a sanction to take cognizance under Sections 132 and 197 of the Criminal Procedure Code (CrPC). It highlights that these sanctions serve different purposes and are directed towards different entities. The absence of either sanction results in different consequences, affecting the complainant and the court differently. The judgment emphasizes that a sanction under Section 132 does not act as a substitute for a sanction under Section 197. It clarifies that while the former empowers the complainant to initiate proceedings, the latter grants jurisdiction to the court to take cognizance of the offense. The court cannot proceed without the necessary sanction, as it lacks jurisdiction in such cases. The judgment concludes by setting aside the order of the High Court and quashing the proceedings against the appellant due to the absence of the required sanction under Section 197. It notes that this decision does not equate to an acquittal on merits, leaving the option open for further proceedings based on a valid sanction. In summary, the judgment underscores the crucial distinction between sanctions to prosecute and to take cognizance as per Sections 132 and 197 of the CrPC. It elucidates that these sanctions serve different purposes and are directed towards different entities, emphasizing that one cannot substitute the other. The absence of the requisite sanction affects the complainant and the court differently, leading to a lack of jurisdiction in the absence of the necessary sanction. Consequently, the court cannot proceed with the case in the absence of the mandated sanction. The judgment ultimately quashes the proceedings against the appellant due to the absence of the required sanction under Section 197, without prejudice to any future proceedings that may be initiated with the appropriate sanction.
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