A.K. MUKHERJEE Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused/petitioner has been charge sheeted for offence under section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 as prima facie case has been found against him in Special Case No. 9/1998 investigated by police of Lokayukt. The order of directing framing of charge is dated 13 -5 -1999.

(2.) THE petitioner is a reader in Jabalpur University which is a university constituted by the State of M.P. under M. P. Vishvavidyalaya Adhiniyam No. 22 of 1973. He was appointed as internal examiner for the students of M.B.B.S. Pre -final. He demanded Rs. 5000/ - from a student. Vijay Singh for passing him in the internal examination. Vijaysingh complained to Superintendent of Police, Special Police Establishment attached to office of Lokayukt and a trap was laid by the police. The accused was caught red handed taking money and after investigation charge sheet was filed. On that basis charge has been framed by the Special Judge.

(3.) THE investigation in this case has been done by Special Police Establishment attached to the office of Lokayukt. Special Police Establishment was established under M. P. Special Police Establishment Act, 1947 (Act No. 17 of 1947). The preamble of the Act provided its aims and objects as to make provisions for the constitution of the Special Police force for investigation of certain offences affecting the public administration, for the superintendence and administration of the said force and jurisdiction of members of the said force in regard to the investigation of the said offences. So the whole idea was to provide a special force for investigation of certain offences affecting public administration for the State of Madhya Pradesh. Section 2 of this Act provides that the State Government may constitute special police force to be called Madhya Pradesh Special Police Establishment for the investigation of offences notified under section 3. This was notwithstanding anything contained in the Police Act, 1861. This section further prescribes powers of the special police establishment that the members of this police establishment shall have powers in relation to the investigation of notified offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences. This section further provides that any member of this force of or above the rank of sub -inspector may, subject to any orders which the State Government may make in this behalf, exercise any of the powers of an officer in charge of a police station in the area in which he is for the time being.