Back
SUSMITA PHUKAN KHAUND
Takam Sorang S/o Late Sorang Takio – Appellant
Versus
Central Bureau of Investigation (CBI) – Respondent
JUDGMENT
Sri Takam Sorang has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, for short), with prayer for quashing the impugned criminal proceeding pending in the Court of Special Judicial Magistrate First Class (Magistrate, for short), Kamrup (M), Guwahati, being CR Case No. 1766/2015. It is averred that charges have been framed under Sections 420/468/471 of the Indian Penal Code, 1860 (IPC, for short), against the petitioner, allegedly on the basis of misconstrued notion that the CBI had the consent of the Government of Arunachal Pradesh to carry out the investigation against the petitioner, whereas, no such consent as required under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE Act, for short), was ever obtained by the CBI from the State Government in this regard.
2. The Central Bureau of Investigation (CBI, for short), Er. Markio Tado and the State of Arunachal Pradesh, represented by its Chief Secretary, Government of Arunachal Pradesh, are arrayed as respondent Nos.1, 2 and 3, respectively.
3. The petitioner is a permanent resident of Damsite, Naharlagun, in the district of Papumpare Arunachal Pradesh. On 21.04.2012,
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....
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 ....
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.
Withdrawal of state consent under the Prevention of Money Laundering Act affects CBI's authority; ongoing investigations are subject to jurisdictional approval.
The general consent given by the State Government for investigation of offences punishable under a specific act holds good for authorizing the investigative agency to investigate subsequent amendment....
CBI is the nodal agency for investigating offences committed outside India under Section 188 Cr.P.C., and State Government consent is not required for such investigations.
The consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
