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1. In Criminal Revision Petition No. 95 of 1999 arising out of Special C.C. No. 65 of 1997 on the file of the learned Special Judge, Bangalore Urban and Rural District, Bangalore, the respondent had been facing prosecution for an offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short), and by the impugned order of the learned Special Judge, he has come to be discharged, and therefore, the State has come up in revision.

Provided further that an offence referred to in clause (e) of sub-section (1) of Section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police". The order of the Superintendent of Police in respect of accused concerned in Criminal Revision Petition No. 95 of 1999 reads thus: "Bangalore, dated 11-12-1991 Proceedings under Section 17 of Prevention of Corruption Act, 1988 of the Superintendent of Police, City Division, Karnataka Lokayukta, Bangalore Subject: Information against Sri B. Narayana Reddy, Assistant Executive Engineer, Project Division, Bangalore Development Authority, Bangalore. Reference: Report filed by Sri S. Lakshman Singh, Inspector of Police, City Division, Karnataka Lokayukta, Bangalore. Report of Sri S. Lakshman Singh, Police Inspector, City Division, Karnataka Lokayukta, Bangalore against Sri B. Narayana Reddy, Assistant Executive Engineer, Project Division, Bangalore Development Authority, Bangalore for amassing of wealth disproportionate to his known sources of income during his service period has been perused by me. I have also made personal verification and satisfied that a prima facie case is disclosed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. Order under Section 17 of the Prevention of Corruption Act, 1988, dated 11th December, 1991 In exercise of powers vested on me under Section 17 of the Prevention of Corruption Act, 1988, I, H.S. Rangadore, Superintendent of Police, City Division, Karnataka Lokayukta, Bangalore do hereby accord sanction to register a case against Sri B. Narayana Reddy, Assistant Executive Engineer, Project Division, Bangalore Development Authority, Bangalore and order Sri S. Lakshman Singh, Police Inspector, City Division, Karnataka Lokayukta, Bangalore to register a case and to conduct investigation. Sd/-                 
(H.S. Rangadore) 11/12   Superintendent of Police, City Division, Karnataka   Lokayukta, Bangalore.    
To Sri S. Lakshman Singh, Police Inspector, City Division, Karnataka Lokayukta, Bangalore for necessary action".
The order of the Superintendent of Police in respect of the accused in Criminal Revision Petition No. 695 of 1999 reads thus: "Proceedings of the Superintendent of Police, Karnataka Lokayukta, Belgaum Subject: Information against Sri H.N. Biradar, AEE NLBC Division No. 4, Kodakal Sub-Division, Gulbarga District. Reference: Source Report dated 25-11-1991 submitted by Sri B.S. Hanchinamani, Police Inspector, Lokayukta, Bijapur. The report dated 26-11-1991 of Sri B.S. Hanchinamani, Police Inspector, Lokayukta, Byapur against Sri H.N. Biradar, AEE NLBC Division No. 4, Kodakal Sub-Division, Gulbarga District, discloses amassing of wealth over and above his known sources of income in the form of houses, sites, cash, vehicles and other valuables, etc., by means of corruption. The verification of the facts of the report disclosed a prima facie case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against Sri H.N. Biradar, AEE NLBC Division No. 4, Kodakal Sub-Division, Gulbarga District. Order No. KLA/BGM/SP/91-92/715, dated 23rd December, 1991 In exercise of the powers vested in me under Section 17 of the Prevention of Corruption Act, 1988 I, S.S. Annegowda, Superintendent of Police, Lokayukta, Belgaum do hereby accord sanction to register a case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against Sri H.N. Biradar, AEE NLBC Division No. 4, Kodakal Sub-Division, Gulbarga District and to be investigated by Sri B.S. Hanchinamani, Police Inspector, Lokayukta, Bijapur. Given under my hand and seal on this 23rd day of December, 1991.
"In exercise of powers conferred by the provisions on me, under Section 17 of the Prevention of Corruption Act, 1988, I P.K. Runwal, Superintendent of Police, Special Police Establishment, Division-I, Lokayukta Karyalaya, Gwalior Division, Gwalior (MP), authorised Shri D.S. Rana, INSP-(SPE), LAK-GWL (MP) to investigate Crime No. 103 of 1992 under Sections 13(1)(e) and 23(2) of the Prevention of Corruption Act, 1988 against Shri Ram Singh, D.O., Excise, Batul (MP)".

Similar orders have been passed in the other two cases as well. The reasons for entrustment of investigation to the inspector can be discerned from the order itself. The appellant-State is, therefore, justified in submitting that the facts of Bhajan Lal's case, supra, were distinguishable as in the instant case the Superintendent of Police appears to have applied his mind and passed the order authorising the investigation by an Inspector under the peculiar circumstances of the case. The reason for entrustment of investigation were obvious....".