Prevention of corruption act.

S.N.Derashri (Querist) 15 November 2015 This query is : Resolved
Complaint made by decoy for demand of illegal gratification. ACB got it confirmed by recording the conversation.
Is it not sufficient preliminary inquiry?
can a police officer who is not an incharge of police station can make a preliminary inquiry without being authorised by SHO ?
can a police officer who is not an incharge of police station can start investigation without registration of FIR in police station and being authorised by incharge of police station as per 156 Cr.P.C.?
If it is done then what will be the legal position of such an investigation?
Please Quote any legal pronouncement on such situation.

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Devajyoti Barman (Expert) 15 November 2015
Without registration of FIR and proper allotment for investigation by SHO no
police officer can start investigation.
Quashing under the present circumstances is good option.
For citation make your own effort.

Guest (Expert) 15 November 2015
Mr. Derashri,

As per your profile, you are also an advocate and can well go through the PC Act. You could better have gone through that act before putting your question. Also, can you please make sure that inspectors/ investigators under the ACB are posted as in-charge of any police station?

So, instead of hitting in the dark with your academic type of question, better state the real problem and discuss what process the investigators have completed so far by or on the order of the ACB?

Rajendra K Goyal (Expert) 16 November 2015
Agree with the expert PS Dhingra.

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