RAVINDRAN Vs. CBI

JUDGEMENT

(1.) THE 1st accused in C.C. 526/92 on the file of the Chief Judicial Magistrate's Court, Ernakulam has filed this revision petition challenging the order dated 13 -7 -1995 passed in M.P. 4946/95.

(2.) THE petitioner along with the co -accused are standing trial before the lower Court for the offences punishable under sections 465, 466, 473 and 474 of I.P.C. r/w Section 120B of I.P.C. on the basis of the charge -sheet laid by the Special Police Establishment, C.B.I. in Crime Case No. RC. 39 (S)/89 and RC. 40(S)/89. After appearance of the accused and charge was framed by the lower Court, the petitioner herein filed M.P. 4946/9S seeking acquittal alleging that the investigation in this case was conducted without jurisdiction and therefore, all the proceedings arising out of that investigation are bad in law. Therefore, he sought to drop the entire proceedings and to acquit him contending that the entire proceedings is ab initio void. The lower Court found that the investigation in this case was conducted by the C.B.I. observing the formalities and the mandatory provisions of the Delhi Special Police Establishment Act and dismissed the petition. Hence this revision is filed by the 1st accused challenging that order.

(3.) THE counsel for the revision petitioner submitted that the investigation in this case is conducted by the C.B.I. without the consent of the State Government as required under section 6 of the Delhi Special Police Establishment Act, 1946 and therefore, the investigation is null and void and as such the subsequent proceedings in the case are absolutely illegal. Section 3 of the Delhi Special Police Establishment Act stipulates that the Central Government may, by notification in the official gazette, specify the offences or class of offences which are to be investigated by the Delhi Special Police Establishment. Section 5 of the Act provides for extension of powers and jurisdiction of Special Police Establishment to other areas which reads as follows :