LAWS(J&K)-2021-6-20

RAJ KUMAR GUPTA Vs. UNION OF INDIA

Decided On June 29, 2021
RAJ KUMAR GUPTA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) CRM(M No.375/2020:

(2.) CRM(M No.365/2020:

(3.) The petitioners have challenged the impugned FIRs and the investigation set into motion by CBI on the grounds that the CBI lacked jurisdiction to register FIR(s pertaining to the alleged offences which were committed within the territorial jurisdiction of erstwhile State of Jammu and Kashmir. It is contended that no consent, in terms of Section 6 of Delhi Special Police Establishment Act, 1946 ['DSPE Act?? " for short], for investigation of the instant case has been given by the State government and, as such, the CBI could not have exercised its powers and jurisdiction for investigation of the instant case.