- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 23.1.2016 passed by the Special Judicial Magistrate, C.B.I., Ghaziabad thereby rejecting the application dated 27.1.2015 under Section 6 of the Delhi Special Police Establishment Act.
(2.) Heard learned counsel for the applicant and Sri Gyan Prakash, learned Advocate who appeared for the respondent no. 2 and learned A.G.A.
(3.) Submission of the learned counsel for the applicant is that prosecution started without obtaining consent of the State of Uttar Pradesh under Delhi Special Police Establishment Act, 1947 despite this fact that offences alleged against the applicant is said to has been committed at Meerut. Thus it was incumbent upon the C.B.I. to obtain consent of the State of U. P. before lodging of the F.I.R. and starting investigation in the matter. It was further argued that in absence of such consent entire proceedings of the criminal case is an abuse of process of law. It was next contended that application moved by the applicant was illegally rejected by the court concerned.;