NISHANT

"Investigation" - Meaning of - When commences?

NISHANT MEHROTRA 15 Jan 2018

SC :: "Investigation" - Meaning of - When commences - laying of trap to ensnare committer of an apprehended crime, if part of "investigation".


An SDM, to verify allegation made by PW I that accused, who was working under the SDM, had been demanding illegal gratification, noting numbers of certain currency notes in his diary - PW I handing those very notes to accused upon apprehended demand being made -  SDM on calling accused and having him produce said notes, on verification finding the same very notes- SDM preparing recovery memo and sending it to SP with a complaint alleging the taking of a bribe- Held, here the SDM was not conducting any investigation - The investigation of the crime started only after the complaint was given by the SDM to the SP - Hence the trial was not vittated by the investigation having been conducted by a person not authorised under the investigation having been conducted by a person not authorised under S.5-A - Prevention of Corruption Act,1988, S.17.


Case:

State of Rajasthan Vs. Shambhoogiri



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