Law: Criminal Procedure Code (V of 1898)

Section: 156(2),190(1)(a)(b),403

(a) Criminal Procedure Code (V of 1898), -----Ss. 156 (2), 190 (1) (a) (b)-Irregularity in investigation does not affect jurisdiction of Court-Trial not vitiated-Proceedings of Magistrate during raid in respect of the offence of taking illegal gratification -Not investigation. Any irregularity in the investigation does not affect the jurisdiction of the trial Court. The conviction or acquittal of an accused person does not depend upon the question what particular officer actually conducts the investigation, which results in his trial. The case is determined on the evidence that is given at the trial against an accused person, and the question whether that evidence has, in the first place, been collected by an officer not authorised to do so is of very minor importance and does not really affect the result of a trial. The offence of taking illegal gratification under section 5 (2) Prevention of Corruption Act (II of 1947) was alleged to have been investigated by a Sub-Inspector, Anti- Corruption Department, in violation of section 3 of the Act and it was contended that the trial was vitiated. Held, that apart from the fact that subsection (2) of section 156, Criminal P. C. was perhaps an adequate answer to this contention, the report of the officer who was not duly authorised by the order of a Magistrate to investigate the case could still be held to be covered by the provisions of section 190 (1) (b) of the Code of Criminal Procedure or in the alternative it could be accepted as a complaint within subsection (1)(a) of that section. Proceedings of the Magistrate during the raid in respect of an offence of taking illegal gratification cannot be deemed to be investigation. (b) Criminal Procedure Code (V of 1898), ----S. 403­ Acquittal not on merits-Re-trial not illegal. The Sessions Judge acquitted the accused in appeal on ground of a defect in sanction for prosecution of the accused under section 5 (2) Prevention of Corruption Act (II of 1947) the defect, namely, that the officer granting the sanction des­cribed himself as the Deputy Commissioner, instead of as the Collector. Held that the acquittal not being on merits did not fall within purview of section 403,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492