Dharmesh @ Nanu Nitinbhai Shah vs State Of Gujarat . Respondent

The Supreme Court addressed the issue of whether the non-production of a sanction order under Section 196(1) of the Criminal Procedure Code affects the committal proceedings to the Court of Sessions. The Court held that the Magistrate's committal of the case does not require taking cognizance of the offence, thus the absence of sanction at that stage does not invalidate the proceedings. The Court upheld the High Court's decision, affirming that the ban under Section 196(1) does not apply to committal proceedings, allowing the prosecution to continue.