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For commencement of investigation in PC Act, permission must be taken by Magistrate: HC
11/12/2018 9:49:41 PM
Early Times Report
Srinagar, Nov 12: In a landmark judgment, Justice Ali Mohammad Magrey held that Investigation under the Prevention of Corruption Act, Svt. 2006 is controlled by the mandatory provisions of Section 3 of the Act and there must be permission granted by the Magistrate to a designated police officer under Section 3 of the Jammu & Kashmir Prevention of Corruption Act, Svt. 2006 for commencement of investigation. Every time the investigating officer is replaced by a new one, such permission must be obtained again at the occasion of replacement. Absence of this permission renders the investigation void ab initio.
This significant observation has been passed in a petition filed by Dr. Reyaz Farooq challenged FIR no. 33/2012, Police Station, Vigilance Organization Kashmir, in a composite petition under Section 103 of the Constitution of Jammu & Kashmir read with Section 561-A of the Code of Criminal Procedure.
Justice Ali Mohammad Magrey while quashing FIR as well as order passed by special Judge Anticorruption observed that a Magistrate is precluded from exercising his jurisdiction in any manner against a public servant in any criminal proceeding not just under Chapter XV but also under Chapter XIV of the Criminal Procedure Code, in absence of a valid sanction for prosecution and it attracts within its fold the proceedings under Section 156 (3) of the Criminal Procedure Code.
HC further observed that there must be separate and reasoned order of entrustment of Investigation to a non designated police officer of the vigilance organization, of and above the rank of a Sub-Inspector of Police, by a police officer of the Vigilance Organization not below the rank of Assistant Superintendent of Police.
With these observations, High Court quashd the order passed by the Special Judge Anti-Corruption, Srinagar, under Section 156(3) Criminal Procedure Code dated 13.08.2012, in FIR no. 33/2012 Police Station, Vigilance Organization Kashmir, as being without application of mind. In the above circumstances, the Preliminary Verification no. 12/2012, the impugned FIR No. 33/2012, Police Station, Vigilance Organization Kashmir, and the resultant investigation of the FIR is hereby quashed, as being illegal.
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