BENGAL INDIA GLOBAL INFRASTRUCTURE LTD & ORS Vs. CENTRAL BUREAU OF INVESTIGATION & ORS
LAWS(CAL)-2017-10-8
HIGH COURT OF CALCUTTA
Decided on October 12,2017

Bengal India Global Infrastructure Ltd And Ors Appellant
VERSUS
Central Bureau Of Investigation And Ors Respondents

JUDGEMENT

Shivakant Prasad, J. - (1.) Affidavit of service filed today be kept with the record.
(2.) The petitioners have preferred this revisional application under Section 482 of the Code of Criminal Procedure with a prayer for quashing of charge sheet No. 6/2015 dated 28.12.2015 arising out of No. RCBSK2014E0007 dated 14.08.2014 under Sections 120B/420 of the Indian Penal Code, 1860 read with Sections 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988 pending before the Court of learned Calcutta 3rd Special Judge, CBI Designated, Calcutta including the orders dated 2.8.2016 passed in connection therewith inter alia on the grounds that in the absence of any "consent" of the State of West Bengal as is stipulated under Section 6 of the DSPE Act, enabling the CBI to investigate offences falling under the Indian Penal Code within the State of West Bengal, the very registration of the impugned FIR No. RCBSK2014E0007 dated 14.08.2014 by the CBI, BS & FC, Kolkata (under Sections 120B, 420, 467,468 and 471 of the Indian Penal Code, 1860) that the investigation and criminal prosecution of the petitioners consequent thereto is per se illegal and bad in law being without jurisdiction.
(3.) It is pointed out on behalf of the petitioner from the said notification dated 2.8.1989 that the consent under Section 6 of the DSPE Act is accorded by the State of West Bengal in respect of the investigation of offences falling under the provisions of the P.C. Act, attempts, abetments and conspiracies in relation to or in connection with one or more of the offences mentioned in the said Act and any other offence or offences committed in the course of the same transaction arising out of the said facts.;


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