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Supreme Court of India 2020-04-24 dismissed

Kanwal Tanuj vs State of Bihar & Ors

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

The appeal challenges the registration and investigation of an FIR by the Central Bureau of Investigation against a District Magistrate of Bihar for alleged involvement in land fraud related to a Central Government undertaking (BRBCL) registered in Delhi. The appellant contended that the CBI lacked jurisdiction as it required prior consent from the State Government of Bihar under Section 6 of the Delhi Special Police Establishment Act, 1946. The Supreme Court held that the consent requirement applies only to offences committed within the State's territory, not to those committed in Union Territories. Since the alleged offence involved defrauding a Government undertaking registered in Delhi, the CBI had jurisdiction to investigate without State consent, even though the accused was a State Government employee.

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Criminal Procedure Police Powers Federal Structure Investigative Authority Jurisdiction Consent Requirements Corruption Investigation Constitutional Law Article 14

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