BIHARI LAL BHAGAT Vs. CBI

JUDGEMENT

(1.) THE Central Bureau of Investigation (C.B.I) registered a case under section 3/7 of the Essential Commodities Act 1955. After investigation report under section 173 of the Criminal Procedure Code has been produced in the Court of Sessions Judge, Kathua. Sessions Judge, Kathua who is ex -officio Special Judge under the Essential Commodities Act has framed charge under section 3/7 of the Essential Commodities Act vide order dated 09 -12 -1998. The petitioner challenges the order on the grounds that the investigation of the case being without jurisdiction the order framing the charge is illegal and an abuse of the process of the court and therefore liable to be quashed.

(2.) MR . Sethi appearing for the petitioner argued that consent of the State Government is necessary under section 6 of the Delhi Police Establishment Act (for short the Act). The Act empowers the C.B.I, to investigate offences for which notification dated 01 -04 -1964 has been issued under Section 5 of the Act. His further argument is that as per objects and reasons the Act empowers to investigate only offences of bribery and corruption committed by officers or others in the department of Central Government. Since the petitioner is not an employee of any government department, the investigation was without jurisdiction and the charge groundless.

(3.) MR . Bhat on the other hand argued that C.B.I, has the power to investigate and the charge has been rightly framed. He further argued that revision against the order of framing charge is not maintainable. The first ground of challenge is without any basis in view of the judgment of this court in ËœLt. Col. H.N. Tripathi Vs. Stateâ„¢, JKLR 1987 (1) 386 in which it has been held that: -