Arijit Pasayat, J. - (1.) Central Bureau of Investigation (in short CBI) questions legality of the judgment rendered by a learned Single Judge of the Rajasthan High Court, Jaipur Bench. Respondent No.1, a member of Indian Administrative Service filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) for quashing the FIR registered by the appellant alleging commission of offences punishable under Sections 120B, 167, 168, 177A of the Indian Penal Code, 1860 (in short IPC) and Sections 13(2) and 13(1) of the Prevention of Corruption Act, 1988 (in short PC Act). The only ground on which the respondent no.1 prayed for quashing the FIR is that the CBI had no jurisdiction to register the FIR under the Delhi Special Police Establishment Act, 1946 (in short the Act). FIR was registered by Shri Rajiv Sharma, Superintendent of Police, Jaipur at the Police Station, CBI on the information received through some sources as in regard to certain advertisements involving criminal conspiracy resulting in the commission of offences noted above.
(2.) Respondent no.1 filed the petition before the High Court questioning legality of the proceedings
(3.) With reference to Sections 3, 5 and 6 of the Act, the respondent no.1 took the stand that the CBI had no jurisdiction to register the case. In substance the stands were: (a) consent necessary by the concerned State for operation of the Act had been withdrawn as is evident from the letter dated 26.6.1999 of the Special Officer (Home), Secretary, Department in response to the letter dated 21.11.1989 written by the Government of India, Department of Personnel and Training, New Delhi,. (b) consent of the State Government which was given in 1956 was extended in 1989 after the PC Act was promulgated but subsequently the State Government had not considered it appropriate to accord consent to extend some provisions of the Act to the whole of the State of Rajasthan, (c) though the consent had been given by the State of Rajasthan in 1956 and extended in 1989, same did not relate to any particular officer to act in terms of the Act and, therefore, the FIR as lodged had no validity in the eye of law. The High Court accepted the stands. It held that the consent was earlier given in 1956 and extended in 1989 after the Act was enacted. The same became inoperative after the State Government refused to accord consent for extending the same provisions of the Act to the whole of Rajasthan. It was also held that for the authorized officers to function under the Act it was necessary that the officers were required to be individually notified and a general notification would not suffice.;