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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SUDESH BANSAL
Mukesh Singh, Son Of Shri Dashrath Singh – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. jurisdictional issue of acb vs. cbi. (Para 1 , 2) |
| 2. arguments against acb's jurisdiction. (Para 4 , 5 , 6 , 7) |
| 3. legality of administrative guidelines. (Para 8 , 12 , 15) |
| 4. investigation jurisdiction under pc act. (Para 14 , 16 , 20) |
| 5. final conclusion on acb's jurisdiction. (Para 26 , 27 , 28) |
Order :
SUDESH BANSAL, J.
Following issues of legal importance, have been raised and arisen in these petitions, hence, all the petitions were tagged, to be heard together with the consent of the respective counsels, only for the purpose of answering these legal issues:-
(I) If any offence under the Prevention of Corruption Act is committed by a person, serving under the Central Government, or an employee of the Central Government, within the territorial jurisdiction of the State of Rajasthan, whether the State agency of Anti-Corruption Bureau (ACB) is authorized and has jurisdiction to register a criminal case against such person and to proceed for investigation and filing of charge-sheet, Or whether the jurisdiction lies exclusively with the Central Bureau of Investigation (CBI), and without prior approval/ consent of the CBI, the ACB cannot proceed in the matter?
(II) If a ch
The ACB in Rajasthan can investigate and file charges against Central Government employees for corruption if committed within state jurisdiction, despite CBI’s authority.
(1) Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by S....
Once charge sheet is filed, merely because Investigating Agency had no jurisdiction to investigate matter, charge sheet cannot be quashed.
Jurisdiction to investigate corruption cases – ACB of State of Rajasthan has jurisdiction to register criminal case under provisions of Prevention of Corruption Act despite the fact that accused is a....
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 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....
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....
The Reserve Bank of India's guidelines do not confer jurisdiction upon the CBI to investigate bank fraud without prior state consent as mandated by the Delhi Special Police Establishment Act.
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