9911796707
TMI Blog1998 (3) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... egistrar as required under Section 149 (3) thereof. The prosecution is also for certain offences under the Indian Penal Code. Aggrieved thereby the respondents moved the High Court by filling a petition under Section 482 Cr. P.C. In disposing of the petition the High Court observed that a sanction under Section 149(3) for prosecution under Section 147(1)(d) cannot be given without giving the party concerned a prior hearing. Since, admittedly, the respondents were not given such hearing, the High Court directed that the complaint relating to the above offence shall not proceed till notice to the respondents were given and sanction was accorded after hearing them. However, it clarified, the complaint for the remaining offences shall, in no wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if a sanction for prosecution under Section 147(1) (c) is contemplated and not otherwise. From the impugned order of the High Court we find that when the above contention was raised before it on behalf of the respondents therein (the appellants before us), the High Court observed that the words "such sanction shall not be given" are to be interpreted in the context of the provisions made for the sanction in connection with two different categories of offences and when so interpreted it would necessarily mean that sanction required to be given either by the Registrar or by the State must be preceded by a notice to and hearing of the parties concerned. The High Court, however, did not spell out, either in interpreting the section o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or an omission in the words used by the legislature the Court could not go to its aid to correct or make up the deficiency. Court shall decide what the law is and not what it should be. The Court of course adopts a construction which will carry out the obvious intention of the legislature but could not legislate itself. But to invoke judicial activism to set at naught legislative judgment is subversive of the constitutional harmony and comity of instrumentalities." (emphasis supplied) In view of the law so laid down the above section cannot be interpreted to mean that in respect of the offences for which the Registrar is the sanctioning authority a prior hearing is required to be given. The matter can be viewed from the other angle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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