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1 - 5 of 5 (0.36 seconds)Directorate Of Enforcement vs Deepak Mahajan on 31 January, 1994
14. I find that It has been held by the Apex Court in the Directorate of
Enforcement Vs. Deepak Mahajan (AIR 1994 SC 1775), the word
"investigation" cannot be limited only to police investigation but includes
the "investigation" carried on by any agency whether he be a police officer
or empowered or authorized officer invested with the power of
investigation. The expression "inquiry" as defined under the Code of
Criminal Procedure is of wide import and takes in every proceedings other
than a trial conducted by a Magistrate. Thus, the term "investigation" used
in Section 8(1)(h). in the context of this Act should be interpreted broadly
and liberally. We cannot import into RTI Act the technical definition of
"investigation" one finds in Criminal Law. Here. investigation would mean
all actions of law enforcement, disciplinary proceedings, enquiries,
adjudications and so on. Logically, no investigation could be said to be
complete unless it has reached a point where the final decision on the basis
of that investigation is taken. In that sense, an investigation can be an
extended investigation.
The Code of Criminal Procedure, 1973
Section 8 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 8 in The Right to Information Act, 2005 [Entire Act]
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