RAVI SHANKAR SRIVASTAVA Vs. STATE OF RAJASTHAN THROUGH P.P., 2. CENTRAL BUREAU OF INVESTIGATION, JAIPUR THROUGH PUBLIC PROSECUTOR.

JUDGEMENT

(1.) The petitioner, an I.A.S. officer of the Rajasthan cadre and presently posted as Special Secretary to the Government of Rajasthan, Plan and Director, PMU in the Department of Planning, has moved this criminal misc. petition u/s 482 Cr.PC. for quashing the F.I.R. No. 20(A) of 2000 registered by Central Bureau of Investigation for the offences u/s 120-B, 167, 168, 177, 177A I.PC. and 13(2) and 13(1) of the Prevention of Corruption Act.

(2.) The main contention being raised by the counsel for the petitioner for quashing the F.I.R. is that C.B.I. had no jurisdiction to register the F.I.R. under Delhi Special Police Establishment Act, 1946. The F.I.R. has been registered by Shri Rajiv Sharma, SR C.B.I., Jaipur in the police station C.B.I. on the information received in the office through some source in regard to certain advertisements involving some criminal conspiracy with partner of M/s Jupiter Advertisement Services, Jaipur, M/s. Maa Productions, M/s. Goel Stationers, Delhi etc. The allegations concern in regard to certain alleged omissions in issuing advertisements while working as Government officer. There is hardly any necessity to go into any other aspect in the matter except the jurisdiction of the C.B.I. to record/register F.I.R. of its own for the purpose of investigations.

(3.) Counsel submits that Sections 3, 5 and 6 of the DSPE Act provides that the Central Government may by notification in the official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment. Sec. 5 empowers the Central Government to extend to any area in a State, the powers and jurisdiction of members of the DSPE for the investigation of any offence or classes of offences specified in a notification u/s 3 and where such powers are so extended to the State, the Central Government may make in this behalf, discharge the functions of a police officer in that area. The C.B.I. while so discharging such functions be deemed to be a member of a police force of that area. Sec. 6 provides in regard to the consent of the State Government to exercise the powers and jurisdiction in the area in the State.