PRASHANT PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) BY the present petition under Section 482 of the Code of Criminal procedure, the applicants propose to challenge the legality, enforceability and effect of the letter of information dated 26. 12. 2001 written by the Superintendent of police, Special Police (Establishment), Sagar to the learned Special Judge, Sagar tinder which the Special Court, Sagar was informed that in Crime No. 129/95 (Special Case No. 5/99) pending consideration against Shri G. P. Pathak further investigation was started on 10. 12. 2001.

(2.) LEARNED counsel for the applicants submitted that provisions of Section 173 are required to be appreciated in the present matter alongwith the legal authority conferred upon a special officer, under Section 158 of the Code of Criminal procedure.

(3.) SECTION 173 and Section 158 of the Code of Criminal Procedure read as under :-