Supreme Court · 2005 INSC 554 · Decided 8 November 2005
Dilawar Singh v. Parvinder Singh@ Iqbal Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 554 · [2005] SUPP. 5 S.C.R. 83
- Case number
- CRIMINAL APPEAL No. 982/2003
- Decided
- 8 November 2005
- Bench
- H.K. SEMA, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 190, 482; Prevention of Corruption Act Section 19, 13(2)
Headnote
B Prevention of Corruption Act, 1988: Sections 19 & 13(2)-Prosecution of public servant-Necessity of previous sanction-Two accused-Sanction for prosecution granted qua only C one accused-Closure report in favour of Appellant, the other accused­ Dismissal of application filed by Respondent Court to summon Appellant for prosecution-Validity of-Held, invalid­ Appe/lant for whose prosecution no sanction was granted, cannot be D summoned to face prosecution-The Act being a special statute, S.19 thereof has an overriding effect over the general provisions contained in S.190 or 319
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