O.P.Jain, J. - (1.) -This is an application under section 482 Cr.P.C. with a prayer that further proceedings in Case No. 1 of 1994 under the Prevention of Corruption Act, may be quashed.
(2.) A case was instituted against the applicant on the ground that she accepted some illegal gratification from a patient and was caught red handed by the Anti-corruption Department.
(3.) Legality of the proceedings is challenged on the ground that the investigation of the case has been made by a Police Officer below the rank of Dy. S.P. It is pointed out that under Section 17 of the Prevention of Corruption Act. 1988 (hereinafter called as Act, 1988) the investigation cannot be done by a Police Officer below the rank of Dy. S.P. unless there is authorisation by the State Government by General or Special order. It is argued that before coming into force of Act, 1988 there was Prevention of Corruption Act, 1947 and the State Government had is,sued a Notification authorising the vigilance establishment to investigate the offence under the Prevention of Corruption Act, 1947. After the Act, 1988 came into force a Notification was issued on September 18, 1991 authorising the vigilance establishment to investigate the offences punishable under the Prevention of Corruption Act, 1988. Another Notification was issued on 14th October, 1993.;