Jaya Roy, J. - (1.) PETITIONER has filed this criminal revision application against the order dated 05.10.2010 whereby, the Special Judge, C.B.I has rejected the discharge petition filed by the Petitioner.
(2.) LEARNED Counsel appearing on behalf of the Petitioner at the very outset submits that the inspector of Police, C.B.I has no authority to investigate the matter and submit the charge -sheet according to Section 17(c) of the P.C. Act 1988. Secondly, counsel on behalf of the Petitioner has argued that the Petitioner is not the competent person to sanction the leave of the complainant as he is only a dealing clerk in his department. Thirdly, he has argued that the money which has been recovered from the possession of the Petitioner, is not the alleged bribe money. Mr. Khan, learned Counsel appearing for the C.B.I in support of his contention, cited a decision of the Hon'ble Apex Court in the case of State by Central Bureau of Investigation v. S. Bangarappa reported in : 2001 SCC 152 where it is held: Even when the investigation was conducted by CBI the requirement contained in Clause (c ) of Section 17 of the Act has to be followed cannot be accepted. The word "elsewhere" in that clause is a clear indication that the insistence for Deputy Superintendent of Police can have application only if it does not fall under Clauses (a) and (b).
(3.) THEREFORE , the first point raised by him is not tenable in the instant case as the investigation has been done and charge -sheet has been submitted by the Inspector of Police , C.B.I, ACB, Dhanbad.;