Final Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided by: Jay Thareja, DHJS
CT No.7/2023
Triveni v Shakir & Ors.
23.03.2024
At 04:00 pm.
Present : None.
1. Vide order dated 15.04.2023, the Ld. Predecessor Judge had inter
alia opined that in view of the judgment of the Hon'ble Supreme Court in Anil
Kumar & Ors. v M. K. Aiyappa & Anr., (2013) 10 SCC 705, the application filed by
the complainant, Smt. Triveni under Section 156(3) of the Code of Criminal
Procedure CrPC, 1973 (henceforth 'CrPC, 1973'), cannot be proceeded with, till
the complainant, Smt. Triveni obtains sanction under Section 19 of the Prevention
of Corruption Act, 1988 (henceforth 'PC Act, 1988') qua the proposed accused
no.3, 4 and 5, who are police officials/public servants.
2. Till date, the complainant, Smt. Triveni has not obtained the
aforesaid sanction. In view thereof, the proceedings qua the application filed by
the complainant, Smt. Triveni under Section 156(3) of CrPC, 1973, are adjourned
sinedie , reserving liberty for the complainant, Smt. Triveni to revive them, as and
when she obtains the aforesaid sanction.
3. The logical question that now arises for consideration by this Court
is whether it should proceed under Section 190(a) of CrPC, 1973 on the basis of
the complaint filed by the complainant, Smt. Triveni under Section 200 of CrPC,
1973. In respect thereof, I am of the view that such a course of action should not
be adopted by this Court (a) because it will make the application filed by the
complainant, Smt. Triveni under Section 156(3) of CrPC, 1973 infructuous and (b)
because in the absence of a sanction under Section 19 of the PC Act, 1988 qua
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the proposed accused no.3, 4 and 5, who are police officials/public servants, this
Court cannot proceed under Section 190(a) of CrPC, 1973, on the basis of the
complaint filed by the complainant, Smt. Triveni.
4. In view of the aforesaid, the proceedings qua the complaint filed by
the complainant, Smt. Triveni under Section 200 of CrPC, 1973 are also
adjourned sinedie reserving liberty for the complainant, Smt. Triveni to revive
them, as and when she obtains the aforesaid sanction.
5. After completion of the necessary formalities by the Ahlamd, this file
shall consigned to the record room with the rider that it shall be revived, as
aforesaid.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
23.03.2024
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