IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali
Suresh Kumar Koli S/o Shri Mangi Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
1. The instant criminal appeals, preferred under Section 374(2) of the Code of Criminal Procedure (hereinafter to be referred as “CrPC”), are directed against the judgment dated 23.03.1993 passed by the learned Special Judge, Anti-Corruption Cases, Bhilwara, in Special Cases No. 10/1991 and 11/1991. By the said judgment, the appellant was held guilty and sentenced in the following terms:
(i) Under Section 420 IPC – rigorous imprisonment for one year with a fine of Rs. 200/-, and in default of payment of fine, to further undergo simple imprisonment;
(ii) Under Section 161 IPC – rigorous imprisonment for six months with a fine of Rs. 100/-, and in default of payment of fine, to further undergo simple imprisonment;
(iii) Under Section 5 (1)(d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter to be referred as ”PC Act”) – rigorous imprisonment for one year with a fine of Rs. 200/-, and in default of payment of fine, to further undergo simple imprisonment.
All substantive sentences were ordered to run concurrently.
Brief facts of S.B. Criminal Appeal No. 135/1993
2. Briefly stating the facts of the case are that Gani Mohd. was selected
Investigation under the Prevention of Corruption Act must be conducted by an officer of adequate rank; otherwise, it vitiates proceedings and convictions based on such investigations cannot be upheld....
The main legal point established is that an investigation carried out by an officer not authorized under Section 17 of the PC Act is illegal and can lead to a serious miscarriage of justice.
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 remai....
Prior approval from the competent authority is mandatory before investigating public servants under the Prevention of Corruption Act, ensuring protection against frivolous complaints.
Investigation and charges deemed void due to lack of lawful authority and failure to adhere to procedural safeguards, making subsequent proceedings untenable.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
Public servants committing corruption through bribery are liable under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, where sufficient evidence proves demands and acceptance o....
Illegal gratification - Discharge - Discharge under Section 239 of Code can be ordered when "the Magistrate considers the charge against accused to be groundless
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.