TaxTMI 
TaxTMI 
2015 (3) TMI 855
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....nded while accepting the bribe amount. Initially, the case was investigated by Mr. Lawrence, Inspector of Police and owing to some administrative reasons, the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai filed petition dated 22.9.2007 under Section 17 of the Prevention of Corruption Act, 1988 (in short, 'the Act') before the Court of Special Judge CBI cases, Madurai seeking permission for investigation of the case by Shri G.A. Suriya Kumar, Sub-Inspector of Police, instead of Mr. Lawrence, Inspector of Police. 4. The Special Judge for CBI cases, Madurai vide order dated 24.09.2009 allowed the aforesaid petition permitting G.A. Suriya Kumar, Sub-Inspector of Police to investigate the case. After completion of investigation, charge sheet dated 01.12.2009 was filed in the Court of Special Sessions Judge for CBI cases, Madurai and the Court took cognizance and assigned it CC No.7/2009. 5. During the course of trial, the respondent moved the High Court preferring criminal original petition under section 482 of Criminal Procedure Code (in short, 'Cr.P.C.') to quash the entire proceedings in CC No.7/2009 on the ground that th....
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....inal prosecution was initiated on a complaint given by the Secretary of Rajapalayam Town Co-operative Housing Society, Rajapalayam relating to an enquiry in connection with evasion of payment of income tax for the house building owned by him. However, investigation has been conducted without prior sanction of the competent authority as required under Section 19 of the Act. In the present case, sanction had been given by Commissioner of Income Tax after completion of investigation. It is contended that the powers of the High Court under Section 482 is wide and full enough to interfere in this case where the lower court made investigation without proper sanction as is mandated under Section 19 of the Act and also where investigation is done by a person below the rank of Inspector of Police as mandated under Section 17 of the Act. It is further submitted by the respondent that the Court has no power to grant permission to police officer below the rank of Inspector of Police, without any specific or general order of the Government to that effect for such an officer. It was further submitted by the counsel that the accused has all justification in challenging the faulty procedure in inv....
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....e is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant: Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police." 12. It is clear that in the case of investigation under the Delhi Special Police Establishment Act, an officer below the rank of Inspector cannot investigate without the order of a competent Magistrate. In the present case, order of the Special Judge was obtained by filing an application. That order dated 24.9.2009 shows that it was passed on request and in the interest of justice, investigation pursuant to such order did not suffer from want of jurisdiction and hence, in the facts of the case, the High Court erred in law in interfering with such investigation more so when it was already completed. 13. The question raised by the respondent is well answered by this Court in a number of decisions rendered in a di....
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.... it follows that where cognizance of the case has in fact been taken and the case has proceeded to termination, the invalidity of the preceding investigation will not vitiate the result unless miscarriage of justice has been caused thereby and the accused has been prejudiced. Assuming in favour of the appellant, that there was an irregularity in the investigation and that Section 5-A of the Act, was not complied with in substance, the trial by the Special Judge cannot be held to be illegal unless it is shown that miscarriage of justice has been caused on account of illegal investigation. The learned counsel for the appellant has been unable to show us how there has been any miscarriage of justice in this case and how the accused has been prejudiced by any irregular investigation." 16. In the case of State of Haryana v. Bhajan Lal AIR 1992 SC 604, this Court while considering Section 5A of the Act, held as under: "125. It has been ruled by this Court in several decisions that Section 5-A of the Act is mandatory and not directory and the investigation conducted in violation thereof bears the stamp of illegality but that illegality committed in the course of an investigation does no....