ORDER :

S. SUNIL DUTT YADAV. J

THIS ORDER HAS BEEN DIVIDED INTO THE FOLLOWING SECTIONS TO FACILITATE ANALYSIS:

I FACTS OF THE CASE 7

II SUBMISSIONS OF PARTIES 16

III ANALYSIS

A. WHETHER SANCTION OF THE COMPETENT AUTHORITY IS REQUIRED BEFORE PASSING AN ORDER FOR INVESTIGATION UNDER SECTION 156(3) OF CR.P.C.?

CONSEQUENCES OF ORDER OF REFERENCE AND DECIDING THEREAFTER; _

COGNIZANCE AND ORDER FOR INVESTIGATION UNDER SECTION 156(3) OF CR.P.C.; _

PARI MATERIA PROVISIONS OF P.C. ACT, 1947 AND P.C. ACT, 1988; _

CONSIDERATION OF JUDGMENTS RELIED UPON BY RESPONDENTS AND CITED BY AMICUS CURIAE;

B. WHETHER REQUIREMENT OF PREVIOUS APPROVAL FROM THE REQUISITE AUTHORITY BEFORE CONDUCTING ANY ENQUIRY, INQUIRY OR INVESTIGATION INTO AN OFFENCE UNDER SECTION 17A OF P.C. ACT, WOULD ACT AS A BAR ON THE SPECIAL JUDGE FOR PASSING AN ORDER UNDER SECTION 156(3) OF CR.P.C. VIS-À-VIS THE PUBLIC SERVANTS, i.e., ACCUSED NOS.1, 6 AND 7?

C. WHETHER IN THE ABSENCE OF ANY RESPONSE FROM THE COMPETENT AUTHORITY REGARDING GRANT OF SANCTION SOUGHT AGAINST ACCUSED NOS. 6 AND 7 OUGHT THE SPECIAL JUDGE HAVE PROCEEDED ON THE PREMISE OF DEEMED SANCTION AS CONTENDED?

D. WHETHER THE SPECIAL JUDGE HAS ERRED IN DISMISSING THE COMPLAINT IN