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Brinda Karat & Anr. vs State Of Nct Of Delhi Through Its ... on 13 June, 2022

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.
Delhi High Court Cites 112 - Cited by 1 - C D Singh - Full Document
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