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2021 (8) TMI 778 - HC - Insolvency and BankruptcyJurisdiction - person below the rank of Inspector - Interpretation of statute - Section 17 of the Prevention of Corruption Act, 1988 - Rejection of application seeking permission for Sub Inspector Amit Kumar to assist the main Investigating Officer in conducting investigation - fraudulent diversion of huge amount of bank funds - rights and contentions to challenge the entire investigation in appropriate proceedings - whether a person below the rank of Inspector can assist the main Investigating Officer in conducting investigation? - HELD THAT:-The provision of section 17 of the Prevention of Corruption Act, 1988, corresponds to Section 5A of the Prevention of Corruption Act, 1947, which came up for consideration in HN. RISHBUD VERSUS STATE OF DELHI [1954 (12) TMI 20 - SUPREME COURT]. 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. 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. The present petition is allowed.
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