- (1.) A complaint was filed by the Central Government against the Petitioners with the CBI alleging omissions and commissions against the petitioners. Pursuant thereto the Superintendent of Police, CBI, ACB, Kolkata registered an FIR on the 19th day of November, 2019, vide no. R. C. Case No. 0102018A0012, under Section 109 of the Indian Penal Code, 1860 (hereinafter referred as "IPC") read with Section 7, 13(2), 13 (1)(b) of the Prevention of Corruption Act, 1988 (hereinafter referred as "PC Act"), alleging that : i. ITRs filed for the assessment year 2012-2018 a. by Petitioner No. 1, viz., Ramesh Chandra Singh declared his income to the tune of Rs. 59, 21, 306/- & b. by Petitioner No. 2, Sangita Singh, W/O Petitioner No. 1, declared her income to 27, 43, 187/- ii. Petitioner No. 1 has amassed huge assets in his name and in the name of family that is disproportionate to his own sources of income iii. On 1st day of April, 2012, Petitioner No. 1 was possessor of asset worth 19, 24, 662/- and on 28th day of June, 2018 he is alleged to be possessor of asset worth 1, 36, 63, 175/-, which is inclusive of an apartment, his bank deposits and post-office investments iv. Petitioner No. 1 is alleged to have expended an educational-expenditure worth Rs. 25, 73, 769/- towards his children v. A summation of his expenditures and assets hence tantamount to a sum worth Rs. 1,43,12,282/- which is disproportionate to the total income.
(2.) The Government of West Bengal, Home and Hill Department at Nabanna has issued a Notification No. 450/HS/PA/18 dated 16.11.2018 whereby the State has withdrawn the standing consent accorded U/s. 6 of the Delhi Special Police Establishment Act, 1946 vide G.O. No. 6145- PL/PE/2A/10/88 dated 02.08.1989 to all the members of the Delhi Special Police Establishment (CBI in this case) to exercise the powers & jurisdiction under the DSPE Act in the State of West Bengal.
(3.) The Petitioners have moved this application U/s. 482 of the Cr.P.C. challenging the said FIR. i. Permission under Section 6 of the Delhi Special Police Establishment Act, 1946 ("DSPE" Act, 1946) having been withdrawn by the State of West Bengal on 06.11.2018 the CBI cannot investigate the offence. ii. The CBI investigation is, therefore, illegal as it has no jurisdiction to investigate on a subject matter that is within the exclusive jurisdiction of the State Government. iii. Entry 2 of List II of the VIIth Schedule of the Constitution of India confers exclusive Jurisdiction on the State with regard to policing. Such exclusive jurisdiction of a state cannot be encroached upon by the centre on the CBI. ;