TARAK NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application prays for quashing of Special Case No. 24/72, pending in the court of Mr. S. N. Verma, Special Judge, Patna, arising out of a F. I. R. lodged on 1.1,69 by the Superintendent of Police, C. B. I.

(2.) The investigation in this case was all along conducted by the officers of the Delhi Special Police Establishment and charge-sheet was submitted by Shri Amar Singh, Inspector of C. B. I., S. P. E., C. I. A. I. under section 120-B of the Indian Penal Code and under section 5 (2) read with section 5 (1) (c) (d) of the Prevention of Corruption Act, 1947, (hereinafter to be referred to as 'the 1947 Act') on 5.4.72, on the basis of which cognizance was taken and the case was fixed for hearing in the court of Shri S. N. Jha, where charges were framed under section 120-B of the Indian Penal Code, under section 5 (2) read with section 5 (i) (c) as also under section 5 (3) read with section 5 (i) (d) of the 1'47 Act. The allegations made by the prosecution against the petitioner are not material for disposal of this case.

(3.) The short point urged by learned counsel for the petitioner is that the investigating agency established under the Delhi Special Police Establishment Act, 1946, (hereinafter to be referred to as'the 1946 Act') had no right to investigate this case because in terms of section 6 of that Act consent of the State Government was lacking and this investigation being illegal and without jurisdiction vitiates the trial.