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K. NATARAJAN
D. K. Shivakumar – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This writ petition filed by the petitioner under Articles 226 and 227 of the Constitution of India praying for issue a writ, in the nature of certiorari or any other appropriate writ or order or direction, quashing the Government Order bearing No.E-HD/40/COD/2019 dtd. 25/9/2019 issued by the 2nd respondent by according sanction for prosecution to the 3rd respondent-CBI to investigate the alleged offences committed by the petitioner under the provision of Prevention of Corruption Act (herein after referred as to ' PC Act ').
2. Heard Sri. Udaya Holla, learned Senior Counsel appearing for the petitioner, learned SPP-II appearing for respondent Nos.1 and 2 and Sri P. Prasanna Kumar, learned Special Counsel appearing for respondent No.3.
3. The case of the petitioner is that he is the sitting MLA and the President of the Karnataka Pradesh Congress Party and he is said to be doing various business including mining and real estate development. There was raid conducted by the income tax department officials on 2/8/2017 on the various premises of the petitioner in New Delhi and other places and they collected Rs.8, 59, 69, 100.00. It is alleged that Rs.41.00 lakhs was recovered
State consent under DSPE Act prior to FIR registration validates CBI investigation despite earlier preliminary verification; no quashing of proceedings post charge-sheet and cognizance absent miscarr....
CBI investigation – Govt. orders according general consent to exercise powers and jurisdiction under DSPE Act against private persons for alleged offences whether acting separately or in conjunction ....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
The CBI does not require State consent for jurisdiction when the conspiracy is initiated outside the State, as established under Sections 5 and 6 of the DSPE Act.
Lack of sanction for prosecution is not always fatal to case of prosecution.
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
Sanction to prosecute must demonstrate an application of mind on behalf of the authority concerned; failure to do so renders the sanction invalid.
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