ORDER :

(D. K. Upadhyaya, J.)

1. By instituting these proceedings under Article 226 of the Constitution of India the petitioner, who is the complainant/informant of the First Information Report bearing No.0310 of 2022 lodged on 29.10.2022 at Police Station-Indira Nagar, District-Lucknow, under sections 342, 386, 504, 506 of I.P.C. and section 7 of Prevention of Corruption Act (offences under sections 409, 411, 420, 467, 468, 471 & 120-B of I.P.C. and sections 7A, 8 and 13 of Prevention of Corruption Act have been subsequently added during course of investigation), assails the validity of consent accorded by the State of Uttar Pradesh under section 6 of Delhi Special Police Establishment Act, 1942 (hereinafter referred to as 'DSPE Act') by means of an order dated 29.12.2022 for investigation of the said F.I.R. by Central Bureau of Investigation (herein after referred to as 'the CBI').

The petitioner has also challenged the notification/order issued by the Government of India under section 5 of the DSPE Act whereby the powers and jurisdiction of the members of Delhi Special Police Establishment have been extended to the whole of State of Uttar Pradesh for investigating into the F.I.R. No.0310 of 2022, dated 29.10.2022.

Another prayer made in this petition is that the State-respondents may be directed to get the investigation of the F.I.R. dated 29.10.2022 conducted by the Special Task Force, Uttar Pradesh.

Heard Shri Ajay Tiwari, learned Senior Advocate assisted by Shri Rajat Gangwar and Ms. Ashmita Singh, Advocates for the petitioner, Shri S. B. Pandey, learned Deputy Solicitor General of India, assisted by Shri Deepanshu Dass for the Union of India, Shri Kuldeep Pati Tripathi, leaned Additional Government Advocate for the State of Uttar Pradesh and Shri Shiv P. Shukla, learned counsel representing the CBI. We have also perused the records available before us on this petition.

2. Before delving into the competing arguments made by the learned counsel representing the respective parties, it would be appropriate to note certain facts which have led to filing of the instant writ petition. On 29.10.2022 an F.I.R. bearing No.0310 of 2022 was lodged by the petitioner against two accused persons, (i) Vinay Pathak, the then Vice Chancellor, Dr. Bhimrao Ambedkar University, Agra (hereinafter referred to as 'University') and (ii) Ajay Mishra, the Proprietor of a Company known as XLICT. The allegations in the First Information Report as can be gathered from a perusal of the same are that the petitioner is the Managing Director of M/s DIGITEXT Technologies India Private Ltd. and has been executing certain works related to pre and post examination conducted by the University since the year 2014-2015 and that certain bills of the petitioner were pending for the work said to have been executed by him for the academic years 2020-2021, 2021-2022. As per further recital made in the First Information Report, the petitioner made a request personally to the then Vice Chancellor of the University for clearing the pending bills on which the Vice Chancellor asked him to come to his residence at Kanpur University where he met the Vice Chancellor in the month of February, 2022 and was told that the Vice Chancellor gets 15% commission against the payment of bills and that he will pass the bills only once he is paid 15% amount as commission. The First Information Report further mentions that the petitioner was further told that if he did not make payment of the commission amount his company shall be removed from the works related to Agra University and other Universities as has been done in Kanpur University. The F.I.R. also states that the Vice Chancellor further told the petitioner that it is he who has been instrumental in appointment of the Vice Chancellors of eight Universities and that he had to pass on money to the top and that he threatened the petitioner on account of which he agreed to pay 15% bill amount as commission. In the F.I.R. it has furth