DILAWAR SINGH versus PARVINDER SINGH@ IQBAL SINGH AND ANR.

DILAWAR SINGH versus PARVINDER SINGH@ IQBAL SINGH AND ANR.

In absence of sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, the appellant could not have been summoned or prosecuted under Section 13(2) of the Act. Section 19 of the Act, as a special provision, overrides general provisions in the Code of Criminal Procedure such as Sections 190 and 319.

Parties
Appellant: Dilawar Singh; Respondent No. 1: Parvinder Singh @ Iqbal Singh; Respondent No. 2: State
Jurisdiction
India
Judgment Date
08 November 2005
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Allowing Revision and Summoning Appellant for Prosecution
Outcome
Appeals allowed. Order of High Court set aside. Order of Special Judge restored.
Legal Topics
Sanction for Prosecution, Cognizance of Offence, Exercise of Power Under Section 319 Cr PC, Overriding Effect of Special Statute
Criminal Law Anti Corruption Law Sanction for Prosecution Cognizance of Offence Exercise of Power Under Section 319 Cr PC Overriding Effect of Special Statute

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Parties

Dilawar Singh

Appellant

Parvinder Singh @ Iqbal Singh

Respondent No. 1

State

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Allowing Revision and Summoning Appellant for Prosecution

Legal Issues

  1. 1 Whether in absence of sanction under Section 19 of the Prevention of Corruption Act, 1988, the appellant could be summoned to face trial under Section 13(2) of the said Act
  2. 2 Whether the provisions of Section 19 of the Act override general provisions in Sections 190 and 319 CrPC

Ratio Decidendi

In absence of sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, the appellant could not have been summoned or prosecuted under Section 13(2) of the Act. Section 19 of the Act, as a special provision, overrides general provisions in the Code of Criminal Procedure such as Sections 190 and 319.

Court Disposition

Appeals allowed. Order of High Court set aside. Order of Special Judge restored.

Orders

  • The impugned order dated 3.7.2002 of the High Court is set aside.
  • The order dated 7.1.2002 of the Special Judge, Barnala, is restored.