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2005 (11) TMI 502 - SC - Indian LawsApplication u/s 482 CrPC for recall of the order - not served with the notice of the revision - ex parte against him - Challenged the summon order for facing prosecution u/s 13(2) of Prevention of Corruption Act, 1988 - HELD THAT:- The contention raised by learned counsel for the respondent that a Court takes cognizance of an offence and not of an offender holds good when a Magistrate takes cognizance of an offence u/s 190, Cr.P.C. The observations made by this Court in Raghubans Dubey vs. State of Bihar [1967 (1) TMI 83 - SUPREME COURT] were also made in that context. The Prevention 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. Therefore, the provisions of Section 19 of the Act will have an overriding effect over the general provisions contained in Section 190 or 319, CrPC. A Special Judge while trying an offence under the Prevention of Corruption Act, 1988, cannot summon another person and proceed against him in the purported exercise of power u/s 319, Cr.P.C. if no sanction has been granted by the appropriate authority for prosecution of such a person as the existence of a sanction is sine qua non for taking cognizance of the offence qua that person. Thus, we are of the opinion that the impugned order of the High Court directing summoning of the appellant- Dilawar Singh is wholly illegal and cannot be sustained. The appeals are accordingly allowed. The impugned order of the High Court is set aside and the order of the Special Judge, Barnala, is restored.
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