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TMI Blog2005 (11) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant filed an application under Section 482, Cr.P.C. for recall of the order dated 3-7-2002 on the ground that he was not served with the notice of the revision and the same was allowed ex parte against him, but the application was dismissed by the order dated 4-3-2003 with the observation that there was no provision for review under the Code of Criminal Procedure. The appellant has laid challenge to the aforesaid order as well. 2. It is necessary to mention the basic facts giving rise to the present appeals. On the complaint made by the wife, a case was registered against Parvinder Singh @ Iqbal Singh under Section 406/498-A, IPC. On 27-1-2000 Parvinder Singh @ Iqbal Singh gave a complaint to the SSP Barnala alleging that on 23- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Singh had been recorded, he moved an application under Section 319, Cr.P.C. for summoning Dilawar Singh, S.H.O. as a co-accused in the case. After hearing the counsel for the parties, the learned Special Judge dismissed the application by the order dated 7-1-2002. Parvinder Singh filed a revision petition against the aforesaid order which has been allowed by the High Court by the impugned order dated 3-7-2002 and a direction has been issued to summon Dilawar Singh and try him in accordance with law. 3. Learned counsel for the appellant had submitted that no sanction had been granted under Section 19 of the Prevention of Corruption Act, 1988, for prosecution of the appellant under Section 13(2) of the said Act and in absence of sanctio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent had moved an application for summoning the appellant under Section 319, Cr.P.C., which gives wide power to the Court to summon an accused and to proceed against him if it appears from the evidence that any person not being an accused has committed any offence for which such person could be tried together with the accused. 4. In our opinion, the contention raised by the learned counsel for the appellant is well founded. Sub-section (1) of Section 19 of the Act, which is relevant for the controversy in dispute, reads as under : "19. Previous sanction necessary for prosecution.- (1) No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I vs. Raj Kumar Jain (1998) 6 SCC 551, the Court was examining the scope of Section 6(1), Prevention of Corruption Act, 1947, which is almost similar to sub-section (1) of Section 19 of the Act. After quoting the provisions of Section 6(1), Prevention of Corruption Act, 1947, it was held as under in para 5 of the report : "5. From a plain reading of the above section it is evidently clear that a Court cannot take cognizance of the offences mentioned therein without sanction of the appropriate authority. In enacting the above section, the legislature thought of providing a reasonable protection to public servants in the discharge of their official functions so that they may perform their duties and obligations undeterred by vexatious and u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Corruption Act is a special statute and as the preamble shows this Act has been enacted to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. Here, the principle expressed in the maxim generalia specialibus non derogant would apply which means that if a special provision has been made on a certain matter, that matter is excluded from the general provisions. (See Venkateshwar Rao vs. Govt. of Andhra Pradesh, AIR 1966 SC 828; State of Bihar vs. Yogendra Singh, AIR 1982 SC 882 and Maharashtra State Board of Secondary Education vs. Paritosh Bhupesh Kumar Sheth, AIR 1984 SC 1543). Therefore, the provisions of Section 19 of the Act will have an overriding effect over the general provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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