TaxTMI 
TaxTMI 
2021 (8) TMI 778
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....CBI-20, Rouse Avenue Courts, New Delhi whereby the petitioner's application seeking permission for Sub Inspector Amit Kumar to assist the main Investigating Officer in conducting investigation, was declined. 2. Learned SPP for CBI has submitted that the present case bearing RCBD12019E0002 was registered under Section 120-B read with Sections 420/468/471/477A IPC and Section 13(2) read with Section 13(1)(d) of the PC Act, 1988 on 05.04.2019 against the respondent company and others. It is submitted that the officials of the respondent company entered into a criminal conspiracy in order to cheat banks/financial institutions/Govt. exchequer, dishonestly and fraudulently diverted huge amount of bank funds. 3. It is further submitted that ....
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....all over India for which reason, Insp. Kapil Dhanked would need the assistance of SI Amit Kumar. 7. The short issue involved in the present case is whether a person below the rank of Inspector can assist the main Investigating Officer in conducting investigation. The issue in question arises out of interpretation of Section 17 of the Prevention of Corruption Act, 1988 which is contained in Chapter IV of the Act dealing with investigation into cases under the Act as well as for the persons who are authorised to investigate and it reads as under: "17. Persons authorised to investigate- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank, - (a) in the cas....
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....permissible for an officer in charge of a Police Station to get the investigation conducted from a subordinate officer provided that the responsibility of all such steps remains with the officer in charge of Police Station and that the subordinate officer reports all the steps taken by him to the officer in charge. It was held as under: "6. It is in the light of this scheme of the Code that the scope of a provision like Section 5(4) of the Act has to be judged. When such a statutory provision enjoins that the investigation shall be made by a police officer of not less than a certain rank, unless specifically empowered by a Magistrate in that behalf, notwithstanding anything to the contrary in the Criminal Procedure Code, it is clea....
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....assistance of his deputies or that he is bound to go through each and everyone of the steps in the investigation in every case. The above proposition also has been laid down by this Court in H.N. Rishbud and Inder Singh v. The State of Bihar 1955CriLJ526. We are referring to the above aspect to emphasise that the mere fact that some of the statements have been written by Ved Prakash to the dictation of PW 6 will not make the investigation as one not conducted by PW 6. Therefore, under the circumstances, we are not inclined to agree with the view of the High Court that there has been any irregularity or illegality in the conduct of the investigation." 10. Recently, in Union of India and Others represented through Superintendent of Police ....
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....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 different perspective. The matter of investigation by an officer not authorized by law has been held to be irregular. Indisputably, by the order of the Magistrate investigation was conducted by Sub-Inspector, CBI who, after completion of investigation, submitted the charge-sheet. It was only during the trial, objection was raised by the respondent t....