On 13 7 64 he presented the requisition Ex.
I do hereby authorise Shri P Sreeramamurthy, Inspector of Police, Special Police Establishment, Hyderabad Under Section 5 A of Act II of 1947 and 155 2 Cr.
265 80 nP. drawn in favour of P.W. 1 and for having posted him for duty at the Waltiar Goods Yards.
P.C. to investigate the allegations and to lay a trap.
It was alleged that on 14th July, 1964, the respondent demanded accepted an amount of Rs.
5/ as bribe from Shri Ella Appanna for having attested his cheque.
On the same day the District Munsif cum First Class Magistrate, Visakhapatnam, passed the following order Whereas it is alleged that respondent is demanding and accepting illegal gratification from his staff for showing official favours and that he demanded Rs.
5/ as gratification, other than legal remuneration, from P.W. 1 who too was a railway employee, as a motive or reward for having attested on 1 7 1964 an Urban Bank Pay Order dated 20 6 1964 for Rs.
P14 before the 1st Class Magistrate, Visakhapatnam, requesting him to authorise the Inspector to investigate the case.
After stating the facts briefly in this requisition he said, As the Superintendent of Police, S.P.E., is engaged in administrative matters and supervising investigations at Hyderabad and the other two Deputy Superintendents of Police are also engaged in the investigation of important cases and other enquiries and as it is number possible to secure their presence in the near future at Waltair to investigate into said companyplaint of Sri Appanna, I request that I may be permitted Under Section 5 A of the Prevention of Corruption Act Act II of 1947 and Section 155 2 Criminal Procedure Code to investigate the allegations and to lay a trap.
The Inspector made companyfidential enquiries and learnt that the respondent was indulging in companyrupt practices and that there was truth in the companyplaint made by P.W. 1.
And Whereas, I am satisfied that the Superintendent of Police and the two Deputy Superintendents of Police, Special Police Establishment, Hyderabad, are otherwise engaged and unable to take up investigation of the allegations companyplained of And Whereas, I Shri D. Krishnam Raju, am satisfied on a perusal of the petition of the Inspector Police, and on hearing Shri P. Sreerama Murthy, Inspector of Police, that that there are reasonable and good grounds to authorise investigation of the allegations.
M. Sikri, C.J. This appeal is by certificate granted by the Andhra Pradesh High Court against its judgment allowing the appeal of the respondent and quashing the proceedings against him.
The facts of the case and the points raised before us are as follows The respondent was working as Head Train Examiner and was posted at Waltair in the South Eastern Railway.
