Section 17 of the Prevention of Corruption Act, 1988 allows an officer below the requisite rank to assist the Investigating Officer under direct supervision, and the responsibility of all steps remains with the officer in charge of the investigation.

ORDER

Manoj Kumar Ohri, J. (Oral). - The present petition has been filed under Section 482 Cr.P.C. seeking setting aside of the order dated 07.02.2020 passed by learned Special Judge (PC Act), 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(l)(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 the main Investigating Officer Insp. Kapil Dhanked has been investigating other cases and also looking proceedings pending before different Courts including this Court as well as the Supreme Court of India. The present case is a high-ticket fraud requiring investigation all over the country. Further, the application in question was moved before the Trial Court seeking permission for 57 Amit Kumar to assist Insp. Kapil Dhanked in conducting investigation as the bank documents are stated to be voluminous and the investigation is to be conducted speedily.

4. Ms. Nishtha Chaturvedi, learned counsel for the respondents, submits that without prejudice to their rights and contentions to challenge the entire investigation in appropriate proceedings for being contrary to mandate of Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC"), the respondents have no objection to the prayer made in the present application. She has informed that on an application filed by the Punjab National Bank under Section 7 of the IBC, the NCLT had initiated Corporate Insolvency Resolution Process (CIRP). Subsequently, the NCLAT has also approved the Resolution Plan, which now has been implemented on 26.03.2021, when the new management has taken over.

5. I have heard learned counsels for the parties.

6. In the present case, so far, the investigation has been conducted by Insp. Kapil Dhanked. It has been stated that the documents are voluminous and the investigation is to be carried out all over India for which reason, Insp. Kapil Dhanked would need the assistance of 57 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 case of the Delhi Special Police establishment, of an Inspector of Police;

(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub-section (1) of Section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police;

(c) Elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefore without a warrant:

Provided that if a police officer not below the rank of an Inspector of Police 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 Metrop