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13. In support of his contention the learned counsel has cited the case of Bajrang Mica Company (private) Ltd., & Ors. v. State of Bihar & Anr.: 1990 SCC Online Pat 69 para 21 and also the case of E. Hill & Company Ltd. v Regional Provident Funds: (1998) ILLJ 76 ALL para 3.

14. It is therefore prayed that this Court may be pleased to allow this petition and to set aside and quash the said FIR and consequential criminal proceedings against the petitioner.

15. Per contra, Dr. N. Mozika, learned DSGI along with Ms. K. Gurung, learned counsel, appearing for the respondents has submitted that the Central Bureau of Investigation (CBI) empowered under the Delhi Special Police Establishment (DSPE) Act, 1946, inter alia, is also empowered to investigate into offences under the Indian Penal Code, including offences under Sections 420 and 406 IPC respectively on the strength of a notification issued by the Central Government pursuant to the provision under Section 3 of the said DSPE Act.

24. The CBI is the premiere investigating agency of India known to investigate several cases of corruption particularly under the PC Act, 1988 as well as other economic crimes or special crimes. The legal powers of investigation of the CBI are derived from the DSPE Act, 1946. As pointed out by the learned DSGI, Section 3 of the DSPE Act provides for offences to be investigated by the CBI on being notified by the Central Government in this regard. An extract from the CBI manual was produced in court by the learned DSGI wherein under the heading Section 3, at column A, a list of offences punishable under various sections of the Indian Penal Code has been listed, Section 420 and 406 being included therein which can be investigated upon by the CBI.

25. However, under Section 6 of the said DSPE Act, if the CBI is to operate in any of the States, consent of such State Government for exercise of its powers and jurisdiction is required. By now, it is well settled that CBI can investigate into cases involving offences under the PC Act, however, when it comes to offences under the IPC which are generally taken up and investigated into by the State or local police, if a particular case involves provisions of offences under the PC Act as well as IPC then the CBI would be well within its right to investigate into such cases, but if, as in the present case, though initially the offences involves provisions under the PC Act along with those under the IPC, which was rightfully investigated into by the CBI, after the filing of the charge sheet wherein only the provisions under the IPC remains, while the offences under the provisions of the PC Act were dropped, including release of liabilities of the public servants implicated therein, it stands to reason that the jurisdiction of the CBI would ceased as on the date of filing of the charge sheet. At this juncture, if the CBI is to continue prosecution, the specific consent of the State is required. Admittedly, nothing is on record as to whether such consent was given or not or whether the same was requested or not. In view thereof, as submitted by the learned counsel for the petitioner, that the charge sheet was forwarded by the CBI in the court of the Chief Judicial Magistrate, the same was without jurisdiction. On this ground alone, the entire proceedings against the petitioner are vitiated.