- (1.) LEAVE granted.
(2.) THE present appeal is filed against an order passed by Special Magistrate, CBI, indore, Madhya Pradesh on December 17, 2002 in criminal Case No. 1155 of 2002 and confirmed by the High Court of Madhya Pradesh (Indore Bench)on January 2, 2007 in Criminal Revision No. 176 of 2003. Briefly stated the facts of the case are that the appellant herein appeared in the examination conducted by the Union Public service Commission ('upsc' for short) in the year 1996 at Hamidiya Arts and Commerce college, Bhopal on November 1, 1996. It was alleged that the appellant was found to be in possession of prewritten answer sheets which were similar, if not identical, to the answer sheets supplied by the Examination Board. The appellant was taken out of the hall and a statement was recorded in which he confessed to have prewritten answer sheets with him. The matter was then reported to UPSC Head Office at new Delhi. A preliminary inquiry was instituted and on being prima facie satisfied about the allegations levelled, the Secretary, UPSC, lodged a Criminal Case against the appellant for offences punishable under Sections 420, 471, 474, 467, 468 and 417 read with Section 511 of the Indian Penal Code, 1860 ('ipc' for short ). A charge-sheet was filed in the Court of Special Magistrate, Central Bureau of investigation ('cbi' for short), Indore. The appellant raised a preliminary objection contending that the alleged offences had been committed at Bhopal in the State of madhya Pradesh and CBI had no power, authority or jurisdiction to institute criminal proceedings. It was also contended that before initiating proceedings under the Delhi Special police Establishment Act, 1946 (hereinafter referred to as 'the Delhi Act'), consent of the state Government is required. No such consent had been given by the State of Madhya Pradesh and the proceedings initiated against the appellant by CBI were without jurisdiction.
(3.) THE learned Magistrate, by an order dated December 17, 2002 rejected the preliminary objection. Being aggrieved by the said order, the appellant preferred Revision under Section 397 of the Code of Criminal procedure, 1973 in the High Court of Madhya pradesh (Indore Bench), and as stated above, the High Court dismissed the Revision Petition. The said order is challenged by the appellant by filing the present appeal. On March 8, 2007, notice was issued by this Court. On August 6, 2007, the Registry was directed to place the matter for final hearing. That is how the matter has been placed before us.;