AIR 1962 BOMBAY 263 ::64 Bom LR 274

Bombay High Court

Hon'ble Judge(s): Patel, Shah , JJ

(A) Criminal P.C. (5 of 1898) , S.4(1)(f), Sch.II— Prevention of Corruption Act (2 of 1947) , S.3, S.5A— Penal Code (45 of 1860) , S.161— Offence under, is cognizable - S.5A does not limit its nature. Offence under S.161, I.P.C. is a cognizable offence. Its nature is not affected by either S.3 or S.5A of the Prevention of Corruption Act. The requirement that in a cognizable offence, a police officer should be able to arrest without warrant, is without any limitation and section 5A cannot be split up to mean that an offence can be congizable in reference to one officer and not in reference to another. (B) Prevention of Corruption Act (2 of 1947) , S.5, S.5(2), S.5A— Sanction for investigation - Validity - Demand and acceptance on different dates - Sanction obtained after demand - Investigation - Validity - Subsequent trial - Legality. Criminal P.C. (5 of 1898) , S.155, S.156(2), S.190, S.529, S.537— Penal Code (45 of 1860) , S.161— A sanction for investigation for an offence under S.161, I.P.C. issued immediately after a demand has been made does not become an anticipatory sanction even if the payment in pursuance of such demand is made on a different date. One reason is that although under S.161, I.P.C. a demand has by itself been made an offe....