general law. The provisions of Section 80 CPC are general
in nature, whereas provisions of Section 140 DP Act are special
provisions, therefore, the provisions ... notice given by the plaintiff u/s
80 of CPC is considered to be u/s 140 of DP Act, the same does
not fulfill
interplay of Section 195 of Cr.P.C, Section 197 of Cr.P.C and
Section 140 of the DP Act, alongside leading case ... complaint fails
extended to cases on Section 197 and
governed by Section Section 140 DP Act.
195(1)(b)(i).
Section 197 Acts done
keep the investigation in abeyance till the prior sanction
under Section 140 DP Act and Section 197 Cr.P.C. is obtained, in accordance
with ... prayer to only obtaining sanction under Section 140 DP Act and Section 197
Cr.P.C.
4. Learned ASC for State, on instructions, submits that
separate applications u/s 140 of the Delhi Police Act, 1978 (hereinafter,
"the DP Act ") r/w Section 197 CrPC, praying for dropping ... Police Act , as he is removable in terms of Section 21 , DP
Act and thus, there is no requirement of sanction u/S. 140 , Delhi
their Written Statement
relating to bar of Section 80 CPC and Section 140 DP Act.
3. It is argued on behalf of defendant ... Section 140(2)
Delhi Police Act for police official in Delhi Police. As per the requirements of
the Section 140(2) of the DP Act
case, then the same principle applies to the notice under Section 140 DP Act
as the urgency in relation to Union of India and Commissioner ... Civil Judge in relation to Section 80 CPC, therefore,
the same principle applies to Section 140 DP Act as different treatment
cannot be meted
pointed out
that the applicant had moved an application under Section 140 DP Act
read with Section 197 of Cr.P.C., which was dismissed ... offence under Sections 340/323/357/506 (part I) IPC is made
out.
16. As regards, sanction under Section 140 of DP Act and Section
cannot be said that the sanction for prosecution under
section 140 DP Act is required for initiating the prosecution
against the accused (revisionist herein ... under section 173 Cr. PC for
commission of offences under sections 279 & 304 A IPC
without obtaining sanction under section 140 DP Act from
grant of benefit of sanction
under Section 197 Cr.P.C. and Section 140 DP Act. Thus, both the
revisionists cannot be extended benefit ... sanction under Section
197 Cr.P.C. and Section 140 DP Act. It is further pertinent to note
that the revision petition bearing
colour of duty. Hence, due to the non compliance of
Section 140 DP Act, he cannot be made an accused in the present ... colour of the duty. So, the
provisions of Section 140 DP Act is of no avail to the accused No.
5.
9. The submission
