MAHENDRA MOHAN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A challan has been filed under Section 161 of the Indian Penal Code and under Sections 5(1) (d) and 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 1947 Act) and also under Section 13(1) (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act of 1988.) The framing of this charge was challenged on the ground that the investigations which were conducted in this case were conducted contrary to mandatory provisions of Section 17 of the 1988 Act. According to the learned counsel for the petitioner, the normal procedure which has been indicated in the Act is that the investigations are to be conducted by the Deputy Superintendent of Police or a Police Officer of an equivalent rank. No doubt, according to the learned counsel, the State Government can authorise a police officer not below the rank of an Inspector also to investigate, but according to the learned counsel, if this is to be done then reasons have to be recorded.

(2.) BEFORE noticing the contentions raised by the learned counsel, the relevant provisions of Section 17 of 1988 Act be noticed. These read as under:-