In the judgment titled as 'Amit Kapoor Vs. Ramesh
Chander', Crl. Appeal No. 1407 of 2012 (Arising out of SLP (Crl.)
No.1516 of 2010) decided on 13.09.2012, the Hon'ble Supreme Court
of India has observed that :-
In this regard, it would also be apt to quote another
judgment of Taron Mohan v. State & Anr, Criminal Rev. Petition
646/2018, decided on 25.01.2021, wherein Hon'ble Delhi High Court
has observed as under:-
15. The aforementioned judgment (Brinda Karat) squarely
applies to the present case at hand and it is a settled position of law that
for the purpose of ordering an investigation U/s 156(3) Cr.PC or for
taking cognizance of the alleged offences, Ld. Trial Court is required to
take cognizance of the facts before it, which is not permissible, without
there being a valid sanction as required U/s 196 Cr.PC. As per the ratio
of the judgment Brinda Karat (Supra), sanction U/s 196 Cr.PC is also
Crl. Rev.28/2023 Dr. Satya Prakash Gautam Vs. The State & Anr. Page 9 of 11
required at the stage of exercising power U/s 156(3) Cr.PC i.e. for
directing investigation qua the offences mentioned in section 196 of the
Code.
8. Perusal of the impugned order dated 02.12.2022 vide which
Ld. MM dismissed the application U/s 156(3) Cr.PC and the complaint
U/s 200 Cr.PC in the complaint case titled as 'Dr. Satya Prakash Gautam
Vs. State & Anr.' filed by the present revisionist against the respondent
reveals that Ld. MM has dismissed the application U/s 156(3) Cr.PC and
the complaint U/s 200 Cr.PC, while making the following observations :-