- (1.) Was registered by the Vigilance Bureau, Hoshiarpur. It was alleged that certain officials of Punjab State Electricity Board had inspected the electricity connection of the complainant and, thereafter, demanded Rs. 30,000/- as bribe from him. This amount was handed over to the petitioner but no receipt was given. Case was registered under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (to be referred as "Act" hereinafter). Investigation ensued.
(2.) 03.05.2010, investigating agency submitted a cancellation report before the Special Court, Hoshiarpur. The court, however, did not accept the same and directed the Vigilance Bureau to reinvestigate the matter. Investigating agency again came to the same conclusion and submitted another cancellation report. This report was also rejected by the court on the ground that the complainant did not agree with the same. Matter was sent back for reinvestigation. The investigating agency again examined the matter and submitted third cancellation report, which was also not accepted on the ground that the complainant did not agree. Matter was returned to the Vigilance Bureau for reinvestigation. Petitioner has impugned the orders passed by the Special Court inter alia on the grounds that the issue had been thoroughly investigated, thus, there was no question of reinvestigation. Besides, the court cannot impose its own view on the investigating agency. Reliance has been placed upon the judgment Abhinandan Jha versus Dinesh Mishra, 1968 AIR(SC) 117 and Harinder Pal Singh versus State of Punjab, 2004 2 RCR(Cri) 307.
(3.) In the judgment reported as Abhinandan Jha , Hon'ble Supreme Court came to the conclusion that Magistrate had no power to direct the police to submit a charge-sheet if it has already come to the conclusion that no case is made out for sending the accused for trial. The court also delved on the function of the Magistracy and observed that Magistrate may or may not accept the report and take a suitable action according to law. He, however, cannot impinge upon the jurisdiction of the police by compelling them to change its view.;