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1971 Supreme(SC) 123

S. M. SIKRI, P. JAGANMOHAN REDDY
State of A. P. – Appellant
Versus
P. V. Narayana – Respondent


Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  • The appeal was granted by the Supreme Court of India against the judgment of the High Court, which had quashed proceedings against the respondent and allowed his appeal (!) (!) .

  • The respondent was employed as Head Train Examiner at Waltair in South Eastern Railway. It was alleged that he demanded and accepted a small amount of gratification from a fellow railway employee as a reward for attesting a pay order and for posting him to a specific duty station (!) (!) .

  • The complaint was made by the railway employee, who approached the authorities alleging harassment for a bribe. The investigation was initiated based on a requisition presented to the magistrate by an Inspector of Police, who claimed that senior officers were engaged in other investigations and therefore unavailable to investigate this case (!) (!) .

  • The Magistrate authorized the investigation based on the Inspector's requisition, but the procedure was found to be unwarranted by the provisions of the relevant law, as the authorities did not confirm with or contact the senior officers before the requisition. The Court observed that this procedural irregularity rendered the investigation unauthorized (!) .

  • A subsequent application was made to re-authorize the investigation after the initial investigation was deemed invalid. However, the main investigation had already been completed by that time. The High Court held that because the investigation was unauthorized, the proceedings were vitiated, but did not examine whether this irregularity caused prejudice to the respondent (!) .

  • The appellant's counsel argued that an illegal investigation does not necessarily invalidate the trial unless it results in a miscarriage of justice. The Court referenced prior judgments affirming that the invalidity of an investigation does not automatically vitiate the trial if no prejudice is shown (!) (!) .

  • The Court noted that the High Court failed to consider whether the illegal investigation caused prejudice to the respondent. Therefore, the Supreme Court accepted the appeal, set aside the High Court's order, and remanded the case for proper disposal in accordance with law (!) (!) .

  • The case was ultimately remanded for further proceedings, emphasizing that the legality of the investigation and potential prejudice should be properly examined in accordance with legal principles (!) .

Please let me know if you need further assistance or a detailed analysis of any specific aspect.


Judgment

SIKRI, CJI.: - This appeal is by certificate granted by the Andhra Pradesh High Court against its judgment allowing the appeal of the respondent and quashing the proceedings against him. He had been convicted by the learned Special Judge for SPE cases, Secunderabad, under Sec. 161, Indian Penal Code and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 and sentenced to various terms of imprisonment.

2. The facts of the case and the points raised before us are as follows:

3. The respondent was working as Head Train Examiner and was posted at Waltair in the South Eastern Railway. It was alleged that on 14th July, 1964, the respondent demanded and accepted an amount of Rs. 5/- as gratification, other than legal remuneration, from P. W. 1 who too was a railway employee, as a motive or reward for having attested on 1-7-1964 an Urban Bank Pay Order dated 20-6-1964 for Rs. 265.80np. drawn in favour of P. W. 1 and for having posted him for duty at the Waltair Goods Yards. It appears that P. W. 1 approached the Inspector of the Special Police Establishment and informed him that the respondent was harassing him for a payment of bribe of Rs. 5/-. The In











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