Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | For quashing the charge-sheet 1988 offences under Prevention of Corruption Act s.482 Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.482 – Petition under – For quashing the charge-sheet alleging offences under Prevention of Corruption Act, 1988 – High Court partly allowed the petition holding that there was no authorization to register the crime and that the informant could not be the investigating officer – However, the Court did not accept the pleas of the accused viz. absence of preliminary inquiry before registration of crime; absence of sanction before prosecution; and delay in completion of the investigation – Appeal to Supreme Court by the State as well as the accused – Held: The authorizing Officer had discharged his duties in exercise of the powers confirmed by the State Government – The authorization in favour of the Investigating Officer was issued by the authorizing officer while performing his duties in public interest – Therefore such authorization is valid and binding as if it was an act of an officer de jure – The High Court had no jurisdiction to decide the nature of employment of authorising Officer while deciding a petition u/s.482 – In the facts of the present case preliminary inquiry was not required and sanction could be produced during the course of trial – Matter remitted to trial court for further proceedings. Prevention of Corruption Act, 1988: s.17 – Non-compliance – Effect of – Held: If an investigation is not conducted by a police officer of requisite rank and status required u/s. 17, such lapse would be an irregularity – If such irregularity does not result in causing prejudice, conviction will not be vitiated on this ground – Investigation.Constitutionalism: Executive powers of State – Scope of – Held: Executive powers of State is coterminus with the legislative power of the Statelegislature – State Executive has power to make regulations and issue Government Orders in respect of a subject on which the State Legislature has jurisdiction to make law.Inquiry: Preliminary inquiry – Requirement of – Before lodging FIR – Held: Scope and ambit of preliminary inquiry before lodging an FIR, would depend upon the facts of each case – Objective of such inquiry is only to ensure that criminal investigation does not initiate on frivolous and untenable complaint – In the present case, since the relevant information was available in respect of prima facie allegations disclosing a cognizable offence, conducting of preliminary inquiry was not required. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 1333 |
Petitioner | The State Of Telangana |
Respondent | Sri Managipet @ Mangipet Sarveshwar Reddy |
SCR | [2019] 14 S.C.R. 716 |
Judgement Date | 2019-12-06 |
Case Number | 1662 |
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