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2023 Supreme(All) 426

DEVENDRA KUMAR UPADHYAYA, NARENDRA KUMAR JOHARI
David Mario Denis – Appellant
Versus
Union Of India Thru. Secy. Ministry Of Personnel, Public Grievances And Pension – Respondent


Advocates Appeared:
For the Petitioner: Rajat Gangwar, Ashmita Singh.
For the Respondents: Deepanshu Dass, Shiv P. Shukla.

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.

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