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Issues Involved:
1. Whether the investigation conducted by Sub-Inspector Mathur before obtaining the Magistrate's permission vitiated the trial. 2. Whether the accused was prejudiced by the alleged irregularity in the investigation. 3. Whether the High Court was justified in setting aside the conviction based on the alleged irregularity. Detailed Analysis: 1. Whether the investigation conducted by Sub-Inspector Mathur before obtaining the Magistrate's permission vitiated the trial: The primary contention was whether Sub-Inspector Mathur's actions before obtaining permission from the Additional District Magistrate constituted an "investigation" under the Code of Criminal Procedure. The Supreme Court examined the steps taken by Mathur, including verifying allegations and checking railway records, and concluded that these actions did indeed constitute an investigation within the meaning of the Code. The Court emphasized that under Section 5A of the Prevention of Corruption Act, an officer below the rank of Deputy Superintendent of Police cannot investigate such offences without a Magistrate's order. The Court held that Mathur's initial investigation without permission violated this provision, which is designed to protect public servants from harassment and ensure bona fide investigations. 2. Whether the accused was prejudiced by the alleged irregularity in the investigation: The Supreme Court analyzed whether the accused suffered any prejudice due to the irregularity in the investigation. The Court noted that after obtaining the Magistrate's permission, Mathur conducted a thorough and proper investigation, which included taking witness statements and seizing relevant documents. The Court found that the accused had a fair trial, with ample opportunity to present his defense. The evidence presented was convincing, and there was no indication that the initial irregularity affected the trial's fairness or the accused's ability to defend himself. Thus, the Court concluded that the accused was not prejudiced by the initial irregularity. 3. Whether the High Court was justified in setting aside the conviction based on the alleged irregularity: The High Court had set aside the conviction on the grounds that the initial investigation by Mathur was conducted without the required permission, thus violating the mandatory safeguards of the Act. However, the Supreme Court held that the High Court erred in not considering whether this irregularity caused any actual prejudice to the accused. The Supreme Court emphasized that under Section 537 of the Code of Criminal Procedure, a conviction should not be set aside due to procedural irregularities unless they result in a failure of justice. Given the thorough and fair trial that followed the initial irregularity, the Supreme Court found no such failure of justice. Conclusion: The Supreme Court set aside the High Court's order and reinstated the conviction and sentence of one year's rigorous imprisonment under Section 5(2) of the Prevention of Corruption Act. The Court underscored that while procedural safeguards are crucial, they should not invalidate a conviction unless they cause actual prejudice to the accused. The separate judgment by Mudholkar J. concurred with the majority but differed on whether the initial actions by Mathur constituted an investigation, ultimately concluding that they did not and thus no irregularity occurred. Final Judgment: The appeal was allowed, and the respondent was convicted and sentenced as proposed by the majority judgment.
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