STATE OF MADHYA PRADESH Vs. DEVENDRASINGH

JUDGEMENT

(1.) The State of M. P. has questioned the legality of the order passed by the 1st Addl. Sessions Judge/Special Judge (Prevention of Corruption Act), Indore dated 16-5-94 in Special Sessions case No. 2/93 while quashing the part of investigation conducted by Inspector Shri Bodh, Shri Bhandari and Sub-Inspector Shri Sengar and giving liberty to the prosecution for reinvestigation by authorised police officer in accordance with law, under the provisions of Section 5-A(1) Proviso (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 'Act'), discharged the accused.

(2.) The State of Madhya Pradesh through Economic Offences Investigation Bureau, Indore filed a charge-sheet against the Non-applicant Dr. Devendra Singh for the offence punishable under Section 5(1)(e) of the Act. After filing of the charge-sheet, the non-applicant had submitted an application pointing out illegality in investigation without following mandatory provisions of Section 5-A(1) proviso (2), the investigation done by Inspector Bodh, Inspector Bhandari and Inspector Sengar who were not duly authorised by the Superintendent of Police or the superior police officer by passing a reasoned order to undertake the investigation of the crime. The non-applicant relied upon the pronouncement of the Supreme Court in the State of Haryana v. Bhajanlal, AIR 1992 SC 604 : (1992 Cri LJ 527).

(3.) The learned trial Court, after hearing both the parties at length and after perusing the entire record of the charge-sheet filed by the applicant, quashed the investigation done by the aforesaid three police officers and gave liberty to the applicant for completion of the said part of investigation through legally authorised police officers, and discharged the accused.