Defective Investigation does not affect procedure relating to taking cognizance

Cognizance taken on police report, vitiated by breach of mandatory provisions relating to investigation, cannot be set aside as defect or illegality in investigation, however serious, has no direct bearing on competence or procedure relating to cognizance.

An illegality committed in the course of investigation does not affect the competence and the jurisdiction of the court to take cognizance. Court is not concerned with effect of breach of a mandatory provision regulating the competence or procedure of court as regards taking cognizance. It is only with reference to such a breach that the question as to whether it constitutes an illegality vitiating the proceedings or a mere irregularity. A defect or illegality in investigation, however serious, has no direct bearing on the competence or the procedure relating to cognizance.

Accused was facing allegation of submitting bogus tenders, showing competitive rates of the firms. Accused pleaded that entire investigation conducted by officer below the rank of Inspector of police. Preliminary enquiry was instituted on direction of the Court and investigation was carried out by officer of rank of Sub Inspector of police. Although this was a defect, but it had no direct bearing on competence or procedure relating to cognizance. Accused was not a public servant and no pleadings raise with regard to prejudice caused to him on account of enquiry being conducted by an officer of rank below that of Deputy Superintendent of Police/Inspector. Cognizance was rightly taken.