C B I Vs. SHIV KUMAR SINGH

JUDGEMENT

(1.) Can a Metropolitan Magistrate or, for that matter, a SpecialJudge transfer investigation to the C.B.I.? This, precisely, is the question posedbefore us in a reference made by none else but one of us (A.K. Srivastava, J.).

(2.) Mr. A.K. Datta,whoappearsfortheC.B.I.feels that in the absence of consentobtained under Section 6 of the Delhi Special Police Establishment Act, neither aMetropolitan Magistrate nor a Special Judge has any such power and in supportrelies upon two judgments. One from this Court itself and the other coming fromKarnataka High Court.

(3.) The judgment of this Court is reported as C.B.I, v. Satpal & Ors., Criminal P. 257/95 and 315/95. It comes from the pen of Hon'ble Mr. Justice J.K.Mehra and is dated 22/05/1997. It was observed therein that the C.B.I, being the creation of the DelhiSpecial Police Establishment Act, consent of the concerned State Governmentwould be required in accordance with Section 6 of the Act before assigninginvestigation to it and that consequentlya Metropolitan Magistrate has no jurisdictionto order such transfer without such consent.