PC is no
longer an offence punishable under the PC Act as amended by virtue
of the PC Amendment Act 2018, the benefit ... Act.
45. The provisions of Section 13 of the PC Act were substituted by
virtue of the PC (Amendment) Act, 2018. It is well settled
Section 17A of PC (Amendment) Act, 2018 is only
extended to offences introduced by the Amendment Act 16 of 2018. It
is urged that offences ... petitioner under PC Act ought to be invalidated in view of violation of
Section 17A of the PC (Amendment) Act, 2018, since prior approval
these cases
relates to the amendment made to PC Act by virtue of
- 18 -
Amendment Act, 2018. It is the contention of the learned
counsel ... quote Sections
13 and 19 of the PC Act of 1988 and the PC (Amendment)
Act, 2018, which reads as under:
Sections
Sections 7 and 13(1)(o) of Prevention of
Corruption (Amendment Act 2018) [` PC (Amendment) Act ' for short
hereafter] as well as under Sections
examine the provisions of the PC Act prior to and subsequent
to the PC (Amendment) Act, 2018 which came into effect from ... PC Act. It is worth noting that Section 24 of the PC Act came
to be omitted by the (Amendment) Act of 2018.
AJN page
granting of consent under Section
6 of the Delhi Special Police Establishment Act, 1946 by the
respondents 1 and 6, is without jurisdiction, exceeded ... Corruption (Amendment) Act, 2018 (hereafter the PC Amendment
Act, 2018), by the 4th respondent is also non-est in law.
Consequently, registration of FIR, dated
Prevention of Corruption Act, 1988 (' PC Act ')(prior to amendment of 2018).
Investigation was initiated.
2. During investigation, various documents were collected.
Statements ... noteworthy that the
present case relates to PC Act prior to amendment of 2018, at which time,
there was no requirement of sanction in respect
2018 and the accused public servant sought
quashing of the FIR on the ground of introduction of Section 17A
in the 1988 Act. In para ... arguments that amended
provisions of the PC Act would be applicable to an
FIR, registered before the said amendment came into
force and found that
read with 13(2) of the Prevention of Corruption
Amendment Act, 2018 (` PC Act, 2018 ' for short) w.e.f 26.07.2018 read
with Section
granting of consent under Section
6 of the Delhi Special Police Establishment Act, 1946 by the
respondents 1 and 6, is without jurisdiction, exceeded ... Corruption (Amendment) Act, 2018 (hereafter the PC Amendment
Act, 2018), by the 4th respondent is also non-est in law.
Consequently, registration of FIR, dated