Chhattisgarh High Court Affirms Lower Court Order; Dismisses Revision Petition Seeking Criminal Action against Aamir Khan

Bollywood actor Aamir Khan while supporting the artists who were returning awards given by the government to express their dissent made the remarks at the Ramnath Goenka Award Ceremony in 2015 had irked many. Owing to which a criminal petition was filed against the superstar. 

However on November 23, 2020,  a single bench of Justice Sanjay K Agrawal dismissed the revision petition.

The complaint was filed by the Dipak Diwan against actor Aamir Khan for offences punishable under Sections 153­A and 153­B of IPC, 1860 which has been dismissed for want of sanction by competent authority as required under Sections 196(1)(a) and 196(1­A)(a) of CrPC, 1973. Thereafter, the Additional Session Judge, Raipur dismissed the Revision petition of the Complainant filed u/s 397 of CrPC, 1973.

The complainant had moved Chhattisgarh High Court by way of revision petition questioning the legality, validity and correctness of the impugned order of the Additional Session Judge, Raipur. 

The bench cited the parameter as to when an order of the Magistrate issuing process can be quashed. It relied on the Supreme Court judgment in Nagawwa v. Veeranna Shivalingappa Konjalgi, which squarely applies to the facts of the present case as the complaint in question.

"I do not find any merit in the instant petition. It deserves to be and is accordingly dismissed, being substance-less and merit-less as well," a single bench of Justice Sanjay K Agrawal said.

The Chhattisgarh High Court dismissed the revision petition  and affirmed the action of the Magistrate by holding that Cognizance of offences by Jurisdictional Magistrate under Sections 153-A and 153-B of IPC cannot be taken without previous sanction of the competent authority under Sections 196(1)(a) and 196(1-A)(a) of CrPC, 1973.