STATE OF M P Vs. BHERONLAL SHARMA

JUDGEMENT

(1.) THIS revision application has been preferred by the State Government against the order dated the 16th of August, 1960 passed by the Sessions Judge, Bhind in Special Case No. 27 of 1960.

(2.) THE opponent Bheronlal Sharma was prosecuted for offences under section 161, I.P.C. and section 5 (1) (d) of the Prevention of Corruption Act (No. II of 1947). An objection was raised on behalf of the defence to the effect that the investigation in the case had not been made by an officer of the Special Police Force constituted by the State Government in exercise of powers conferred on it by sub-section (1) of section 2 of the Central Provinces and Berar Special Police Establishment Act (No. XVII of 1947). This objection found favour with the learned Sessions Judge, with the result that he by the impunged order directed the papers to be returned to the District Police Prosecutor with the direction that the offence should be re-investigated by an officer competent to investigate in accordance with the provisions of the Notifications referred to by the learned Sessions Judge in his order. On behalf of the State Government the correctness of this order has been challenged before me.

(3.) THE accused in the present case was charged with the commission of offences under section 161, I. P. C. and section 5 (1) (d) of the Prevention of Corruption Act. It would follow from the provisions of section 5 of the Code of Criminal Procedure that investigation into these offences had to be carried out according to the provisions of the Code of Criminal Procedure subject to any provisions contained in this behalf in the special enactment namely the Prevention of Corruption Act (No. II of 1947). THE only provision contained in the latter enactment governing investigations is to be found in section 5-A according to which such offences have to be investigated either by a Deputy Superintendent of Police or by any other police officer with the order of a Magistrate of the First Class.