SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

K.T.THOMAS, R.P.SETHI
State of Madhya Pradesh – Appellant
Versus
Sri Ram Singh etc. – Respondent


Judgment

Sethi, J.—Heard. Leave granted.

2. Relying upon the judgment of this Court in State of Haryana & Ors. v. Bhajan Lal & Ors.1 and exercising powers under Section 482 of the Criminal Procedure Code, the High Court of Madhya Pradesh vide the judgment impugned in these appeals quashed the investigations and consequent proceedings against the respondents initiated, conducted and concluded by the police under Sections 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act”). The Court found that for the offence punishable under Section 13(1)(e) of the Act the investigation had not been conducted by an authorised officer in terms of Section 17 of the Act. It was observed :

“It is of utmost importance that investigation into criminal offence must always be free from any objectionable features or infirmities which may legiti­mately lead to the grievance of the accused that the work of investi­gation is carried on unfairly and with any ulterior motive. The prosecution of the accused on the basis of investi­gation by a person who had no legal authority to investigate cannot be allowed.”

In order to appreciate the legal controversy, it

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top