JUDGMENT :

1. The petitioners in this petition are the accused facing trial in a criminal case titled Central Bureau of Investigation vs. V.K.Sharma and another before the Court of learned Special Judge Anti-corruption (CBI Cases), Jammu [“the trial Court”] arising out of FIR No.RC0042014A0001 under Section 5(1)(e) of the Jammu & Kashmir Prevention of Corruption Act, Svt. 2006 [“2006 Act”] read with Section 109-B RPC. They are aggrieved of and have challenged the presentation of criminal challan before the trial Court on the ground that Central Bureau of Investigation [“CBI”], a special police establishment constituted under Section 2 of the Delhi Special Police Establishment Act, 1946 [“DSPE Act”] has no jurisdiction to investigate the offence under Section 5(1)(e) of the 2006 Act unless a prior consent of the State Government in terms of Section 6 is obtained by the CBI. Reliance is placed on Sections 3, 5 and 6 of the DSPE Act to support this contention.

2. Per contra, the stand of the CBI and the State respondent is that there is general consent given by the State Government in terms of Section 6 for investigation of the offences punishable under the Jammu & Kashmir Prevention of