Case Note & Summary
The case involved an appeal by the Central Bureau of Investigation (CBI) against a judgment of the Rajasthan High Court that quashed an FIR registered against an IAS officer, Shri Ravi Shankar Srivastava, for alleged offences under various sections of the Indian Penal Code and the Prevention of Corruption Act. The respondent contended that the CBI lacked jurisdiction to register the FIR due to the withdrawal of consent by the State Government. The High Court accepted this argument, stating that the consent given in 1956 and extended in 1989 had become inoperative. The CBI challenged this decision, arguing that the High Court had committed errors in law by adjudicating the matter under Section 482 of the Code of Criminal Procedure, 1973, and that the notification under Section 5 of the Delhi Special Police Establishment Act had not been rescinded. The Supreme Court analyzed the inherent powers of the High Court and the requirements for jurisdiction under the DSPE Act. It emphasized that the High Court's power to quash proceedings should be exercised sparingly and only in cases where no offence is disclosed. The Court found that the High Court had erred in quashing the FIR, as there was no evidence of revocation of consent and the FIR was valid. Consequently, the Supreme Court set aside the High Court's judgment and allowed the appeal.
Headnote
A) Criminal Procedure - Jurisdiction of CBI - Validity of FIR - Delhi Special Police Establishment Act, 1946, Sections 3, 5, 6 - The High Court quashed the FIR on grounds of lack of jurisdiction of CBI due to absence of consent from the State Government. The Supreme Court held that the High Court erred as there was no notification revoking the earlier consent, and the FIR was validly registered (Paras 1-8).
Issue of Consideration
Whether the CBI had jurisdiction to register the FIR against the respondent under the Delhi Special Police Establishment Act, 1946.
Final Decision
The Supreme Court set aside the High Court's judgment quashing the FIR, ruling that the CBI had jurisdiction to register the FIR as there was no evidence of revocation of consent. The appeal was allowed.
Law Points
- jurisdiction of CBI
- inherent powers of High Court
- consent of State Government
- validity of FIR
- notification requirements
