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Supreme Court of India 2020-11-17 partly_allowed

Fertico Marketing and Investment Pvt. Ltd. and Ors. etc vs Central Bureau of Investigation and Another etc

Bench: 2 — B.R. Gavai, Khanwilkar

In Brief

This case addresses the CBI's investigative authority over corruption cases involving both private individuals and public servants in Uttar Pradesh. The Supreme Court held that Uttar Pradesh's 1989 notification, granting general consent under Section 6 of the DSPE Act for investigating Prevention of Corruption Act cases, permits CBI investigation of private individuals without additional prior permission. For public servants, post-facto consent is valid if they emerge during investigation after the FIR is filed. The Court confirmed that procedural irregularities in investigation do not vitiate trial unless they cause miscarriage of justice. The matter was remitted to the High Court to decide remaining questions on their merits.

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Criminal Procedure Anti-Corruption Law Investigative Authority Procedural Regularity Federal Government Relations

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