The Kerala High Court has ruled that Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988, while ordering further investigation, is not empowered to direct the investigating agency to obtain sanction under Section 19 of the Act, 1988 to prosecute the accused.
The single-judge bench of Justice K. Babu, however observed that the investigating agency is at liberty to take all steps to conclude the investigation and submit its report as per law, uninfluenced by the observations passed by the Special Judge.
"Having regard to the facts and circumstances of the case, it is made clear that the time limit stipulated by the Special Judge is not binding on the investigating agency. After such a final report is submitted by the investigating agency, the Special Judge, concerned may proceed to deal with the matter in accordance with the law without being influenced by any of the observations made by this Court," the Court further observed.
When the Vigilance and Anti-Corruption Bureau investigated the present matter and submitted final report before the Court of the Special Judge finding no material to support the allegations in the FIR, the Special Judge passed the impugned order.
It has been submitted by the Counsel for petitioner that that the
impugned order is a positive direction to submit a charge sheet against
the petitioners and that direction to obtain sanction under Section 19
of the Act,1988, in the impugned order indicates that the Special Judge,
in fact directed the investigating agency to submit a positive report
against the petitioners.The Counsel cited Bhagwant Singh Vs. Commissioner of Police, Delhi, 1983 Latest Caselaw 65 SC and M.C. Abraham & ANR Vs. State of Maharashtra & Ors, 2002 Latest Caselaw 578 SC to contend that it is for the investigating agency to submit a report to the Court concerned after a full and complete investigation and the Special Judge cannot direct the investigating agency to submit a report in accordance with his view.
"When the report forwarded by the officer in charge of apolice station to the Magistrate under sub-section (2)(i) of S.173 Cr.P.C. comes up for consideration by the Magistrate, one of two different situations may arise. The report may conclude that an offence appears to have been committed by a particular person or persons, and in such a case, the Magistrate may do one of three things: (1) he may accept the report and take cognizance of the offence and issue process or (2) he may disagree with the report and drop the proceeding or (3) he may direct further investigation under sub-section (3) of S.156 and require the police to make a further report. The report may, on the other hand, state that, in the opinion of the police, no offence appears to have been committed, and where such a report has been made, the Magistrate again has the option to adopt one of three courses: (1) he may accept the report and drop the proceeding or (2) he may disagree with the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process or (3) he may direct further investigation to be made by the police under sub-section (3) of S.156."
The Court stated that it is the statutory duty and responsibility of the investigating agency to fully investigate the matter and then submit a report to the Court concerned, either finding the allegation substantiated or finding no material to support the allegation.It is not within the competence of the Court concerned to issue a
direction that the case should not only be investigated, but also a
report to the effect that the allegations have been supported by the
material collected be submitted, the Court stated further.
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(With input from news agency language)
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