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DEVENDRA KUMAR UPADHYAYA, NARENDRA KUMAR JOHARI
David Mario Denis – Appellant
Versus
Union Of India Thru. Secy. Ministry Of Personnel, Public Grievances And Pension – Respondent
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.
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 ....
Jurisdiction of Central Bureau of Investigation to investigate offences – Consent of State Government can be accorded at any stage, even when extension of jurisdiction of CBI to the State is still un....
Withdrawal of state consent under the Prevention of Money Laundering Act affects CBI's authority; ongoing investigations are subject to jurisdictional approval.
The erstwhile State of Jammu and Kashmir has accorded general consent under Section 6 of the DSPE Act for the exercise of jurisdiction by the CBI to investigate certain offences in the State of Jammu....
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.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
Lack of sanction for prosecution is not always fatal to case of prosecution.
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 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....
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