provisions of Delhi Special
Police Establishment Act, 1946 (hereinafter called as DSPE Act )
regarding authorization to register the case and to take up
further investigation ... authority to do so as per the provisions of
DSPE Act . The consent Notification dated 3.1.2000 accorded by
the Government of Karnataka is attached
Delhi Special
Police Establishment Act, 1946 ('in short' DSPE Act ).
41. Admittedly in the case on hand the CBI has
registered a First ... 1992. The Notification issued u/ sec.6
of the DSPE Act by the State Government according blanket
consent runs thus :-
GOVERNMENT OF KARNATAKA
State was not taken as required U/s 6 of the DSPE Act,
1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under various provisions of IPC instead of DCS Act
which is a Special Act .
CBI Vs. Peeyush Aggarwal
Act,
1972 which provides "The provisions of the Companies Act,
1956 shall not apply to Cooperative Societies Act ". But such
restriction/prohibition ... Act, 1972
debarring the applicability of IPC or PC Act under which the
accused persons have been chargesheeted. Thus, DCS Act does
not impose
State was not taken as required U/s 6 of the
DSPE Act, 1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under Section IPC instead of DCS
Act which is a Special Act .
6. The contention of accused Narayan Diwakar
State was not taken as required U/s 6 of the DSPE Act,
1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under various provisions of IPC instead of DCS Act
which is a Special Act .
CBI Vs. D. K. Sinha
State was not taken as required U/s 6 of the
DSPE Act, 1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under Section IPC instead of DCS
Act which is a Special Act .
14. The contention of accused Narayan Diwakar
Act, 1972
which provides "The provisions of the Companies Act, 1956
shall not apply to Cooperative Societies Act ". But such
restriction/prohibition ... Act, 1972
debarring the applicability of IPC or PC Act under which the
accused persons have been chargesheeted. Thus, DCS Act does
not impose
State was not taken as required U/s 6 of the
DSPE Act, 1946 .
(b) Absence of notification ... DSPE Act .
(c) Registration of case under Section IPC instead of DCS
Act which is a Special Act .
8. The contention of accused Narayan Diwakar
under DCS Act, 1972 are not notified under Section
3 of DSPE Act, 1946 and hence he cannot be tried for the same. In
fact ... offence which is not notified u/s 3 of DSPE
Act. He has also submitted that consent of State has not been
obtained before prosecuting
