Investigation is conducted by police inspector in prevention of corruption act. As a doctor assigned to the XX Primary Health Centre in Bahraich district of Uttar Pradesh, I was apprehended by a vigilance team during a trap operation. Although no evidence was found on my person, the team had no formal authorization to conduct the procedure. It appears that the police inspector who orchestrated the trap had a personal vendetta against me. Fortunately, I was granted bail by the special court. Now, I am seeking advice on how to challenge the charge sheet that the police officer has submitted after completing the investigation.
You should file a petition before the High Court Lucknow under section 482 of the code of criminal procedure for quashing of the charge sheet because police inspector has not power to investigate a crime registered under the prevention of corruption act unless he is authorised by a competent authority.
According to the law, only police officers ranked above the level of Deputy Superintendent of Police are authorized to investigate trap cases unless authorized by the government. If you have been summoned by the trial court to appear in the framing of charges, you have the opportunity to object to the chargesheet. You may raise concerns about the investigating officer's incapacity to conduct the investigation and request a reinvestigation.
You can avail this opportunity before filing an application in the high court under section 482 crpc. In H.N. Rishbud v. State of Delhi AIR 1955 SC 196 the supreme court has expressed its view that a Special Judge under the Act of 1988 has certain powers of a Magistrate and therefore, he can even order re-investigation of the case and the irregularity in the investigation, if any can be corrected.
