1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 844 of 2010 (State of Maharashtra Vs. Pralhad Seshrao Satimeshram) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. D.B. Patel, APP for the State/Applicant Mr. S.D. Zoting, Advocate for the Non-applicant CORAM : M.N. GILANI, J. DATE : 29 th JUNE, 2011. Heard both sides. Perused the judgment, dated 07/09/2010, passed by learned Special Judge, Gadchiroli, in Special Case No. 4/2007. Learned Special Judge, Gadchiroli in paragraph no. 13 of the judgment accepted the case of prosecution to the extent that an amount of Rs.1,000/- was received by accused from the complainant. However, the defence, put forth by accused that it was towards the fees of measurement, was accepted by learned Special Judge. The next ground of acquitting the respondent is regarding the competency of the Investigating Officer to investigate the case. Although, investigation is to be carried out by the Police Officer not below the rank of Deputy Superintendent of Police, proviso to Section 17 of the Prevention of Corruption Act, 1988, confers power upon the State Government to authorize, in this behalf by general or special order, any officer to carryout investigation in such offence. 2 Perusal of the testimony of the Investigating Officer shows that his authority to conduct the investigation was never questioned in the cross-examination. It seems that this point was also not raised by the defence. As regards the defence, put forth by the accused that the amount, which he accepted, was towards fee, relates to the appreciation of evidence. Just by considering this defence, the evidence led by the complainant cannot be negativated. Arguable points are involved. In that light of the matter, leave to file an appeal is granted. Admit Learned counsel for non-applicant accepts notice on behalf of the non-applicant. Action under Section 390 of Code of Criminal Procedure is dispensed with. JUDGE *Sdw