Case Note & Summary
The case involved an appeal by M. Balakrishna Reddy against a CBI prosecution for alleged cheating during the UPSC examination in 1996. The appellant was accused of possessing prewritten answer sheets during the examination, leading to a criminal case filed under various sections of the Indian Penal Code. The appellant contended that the CBI lacked jurisdiction to prosecute him as the alleged offences occurred in Madhya Pradesh, and the necessary consent from the State Government was not obtained as required by the Delhi Special Police Establishment Act. The trial court rejected the appellant's preliminary objection, which was upheld by the High Court. The Supreme Court, upon reviewing the arguments, noted that the High Court's reliance on the appellant's status as a Central Government employee and the location of the UPSC's head office in Delhi did not suffice to establish CBI's jurisdiction. The court emphasized that valid consent from the State Government was a prerequisite for CBI's authority to act in Madhya Pradesh. The court ultimately dismissed the appeal, affirming the lower courts' decisions and the validity of the CBI's actions based on the consent provided by the State Government, despite the appellant's objections regarding its formality and compliance with constitutional provisions.
Headnote
A) Criminal Law - Jurisdiction of CBI - Consent Requirement - Delhi Special Police Establishment Act, 1946, Section 6 - The court held that the CBI requires consent from the State Government to exercise jurisdiction in a State, and such consent must be validly given as per the provisions of the Act. The court found that the consent provided by the State of Madhya Pradesh was insufficient to confer jurisdiction on the CBI (Paras 10-11).
Issue of Consideration
Whether the CBI had jurisdiction to prosecute the appellant without the consent of the State Government.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower courts' decisions that the CBI had jurisdiction to prosecute the appellant based on the consent provided by the State Government.
Law Points
- Jurisdiction of CBI
- Consent of State Government
- Delhi Special Police Establishment Act
- Article 166 of the Constitution
- Criminal Procedure Code
