Prevention of Corruption Act, 1988 — Section 17 (Second Proviso) & Section 13(1)(b) — Investigation of Disproportionate Assets — Order of Superintendent of Police — Preliminary Enquiry — The second proviso to Section 17 mandates that an investigation into an offence under Section 13(1)(b) (disproportionate assets) requires an order from a police officer not below the rank of Superintendent of Police (SP) — However, this provision does not explicitly require the SP to conduct a separate preliminary enquiry before issuing such an order — While a preliminary enquiry in corruption cases is desirable (Lalita Kumari vs. Govt. of U.P., (2014) 2 SCC 1), it is not mandatory.
STATE OF KARNATAKA
Vs.
SRI CHANNAKESHAVA.H.D. AND ANOTHER