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

24

25

35

46

61

65

68

6

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 JUD