BHAWNA KALE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By order dated 12.01.2017, the Court had observed that following four preliminary questions arise for consideration before the Full Bench :

(2.) Heard learned counsel for the parties and learned amicus curiae on all four questions, at length. For the sake of convenience, the Bench shall firstly consider question no. (iii). This matter has been referred to the Full Bench on the direction of Hon'ble Acting the Chief Justice dated 25.10.2016. in view of order dated 14.10.2016, passed by a division bench comprising of Hon'ble Shri Justice S.K.Seth and Hon'ble Shri Justice G.S. Ahluwalia. The division bench in its order dated 14.10.2016 had made following observations:

(3.) Thus, it is clear that the matter has been referred to the larger bench to resolve the controversy which arose because the division bench headed by Hon'ble Shri Justice S.K. Seth did not concur with the view taken by the division bench headed by Hon'ble Shri Justice S. K. Gangele with regard to jurisdiction of the State police to investigate a case involving offences punishable under the provisions of the Prevention of Corruption Act, 1988. If Criminal Revision Nos.581/2016 and 599/2016 involve same or similar questions, they may be decided as covered cases after the resolution of aforesaid controversy in the instant case by the Full Bench. Learned counsel appearing for the parties in those cases are free to address the Full Bench; however, the Full Bench, which has been constituted in a specific case, has no jurisdiction to call for and hear analogously, Criminal Revision Nos. 581/2016 and 599/2016 because those cases have not been referred by Hon'ble the Acting Chief Justice to this Bench.