S RAMU Vs. GOVT OF A P

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.') is to quash the proceedings initiated against the Petitioner/accused in C.C. No. 11 of 2006 on the file of Special Judge for CBI Cases, Hyderabad for the offence punishable under Section 13(2) r/w 13(1) (e) of the prevention of Corruption Act, 1988 ("PC Act" for brevity) and Sections 109, 468 and 471 of the Indian Penal Code ('IPC').

(2.) The Petitioner while working as Additional Director of Income Tax (Investigation) in Mumbai was found to be in possession of assets disproportionate to his known sources of income. Basing on the said information, the Superintendent of Police, CBI, Hyderabad directed the Inspector of Police, CBI/SPE, Hyderabad to register a case and investigate into the same. After thorough investigation, the Inspector of Police filed the charge sheet, which was taken on file in C.C. No. 11/2006.

(3.) To quash the same the present petition has been filed contending that the prosecution has not obtained authorization of the designated officer as required under Section 17 of the provisions of PC Act. Therefore, taking cognizance of the offence by the Investigating Officer, who is not authorized to investigate the crime, suffers from incurable defects and the Special Judge ought not to have taken the same on file. Therefore, the Petitioner cannot be forced to undergo trial, which is not valid, and the same is liable to be quashed.