On 11th August, a single judge bench of Delhi High Court consisting of Justice Manoj Kumar Ohri held that the Special Judge is empowered under Section 17 of the PC Act, 1988 to permit an officer below the requisite rank to assist the Investigating Officer in conducting investigation provided the steps taken by him are under direct supervision of the Investigation Officer who remains in control of the investigation and shall be responsible for all the steps that are taken by the subordinate officer.
Facts of the case:
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) whereby the petitioner’s application seeking permission for Sub Inspector Amit Kumar to assist the main Investigating Officer in conducting investigation, was declined.
Contention of the petitioner:
Learned SPP for CBI has submitted the following contention:
- It was 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.
- It was 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.
- It was also urged that the present case is a high-ticket fraud requiring investigation all over the country.
- It was contended that the application in question was moved before the Trial Court seeking permission for SI 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.
Contention of the respondent:
Ms. Nishtha Chaturvedi, learned counsel for the respondents submitted 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 the respondents have no objection to the prayer made in the present application.
Observation and judgment of the case:
The hon’ble bench of the court made the following observation:
- The issue in question arises out of interpretation of Section 17 of the Prevention of Corruption Act, 1988. The Supreme Court after considering the Scheme of Cr.P.C. observed that it was permissible for an officer in charge of a Police Station to get the investigation conducted from a subordinate officer provided that the responsibility of all such steps remains with the officer in charge of Police Station and that the subordinate officer reports all the steps taken by him to the officer in charge.
- The Trial Court by passing the impugned order not only failed to appreciate the mandate of Section 17 of the PC Act, 1988 but also failed in its duty to follow the import of above referred exposition of law.
In the light of the above, it was held that the Special Judge is empowered under Section 17 of the PC Act, 1988 to permit an officer below the requisite rank to assist the Investigating Officer in conducting investigation provided the steps taken by him are under direct supervision of the Investigation Officer who remains in control of the investigation and shall be responsible for all the steps that are taken by the subordinate officer.
Thus, the petition was allowed.
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