CBI court dismisses discharge plea of accused in bribery case

Ramkrishan Upadhyay

Chandigarh, May 7

Jagjit Singh, Special Judge, CBI court, Chandigarh, has dismissed the discharge application of Bhagwan Singh, one of the accused in a case registered against Jaswinder Singh, former SHO of the Mani Majra Police Station, under the Prevention of Corruption Act last year.

Bhagwan Singh had filed the application under Section 245 of the Criminal Procedure Code for discharge in the present case on the grounds that the CBI cannot take cognisance of any private complaint in the absence of recommendation of the state government, and that the CBI had not taken permission of the Punjab Government where the trap was laid.

PK Dogra, special public prosecutor of the CBI, opposed the application by saying that the CBI had jurisdiction without permission of the state government to enquire into the case registered in the Union Territory of Chandigarh. As per the Delhi Police Establishment Act, the member of the Special Police Establishment (CBI) has the jurisdiction to investigate the offence notified under Section 3 of the DSPE Act, committed in the jurisdiction of the Union Territory of Chandigarh.

Dogra said the present case was registered by the CBI in the Union Territory, Chandigarh, and the CBI had the powers to investigate the said matter in the UT of Chandigarh.

After hearing the arguments, the court dismissed the application of the accused.

The court, while relying upon a judgment of the Apex Court, said where the offence was committed in the Union Territory as provided under the Prevention of Corruption Act, no permission of the state government was required to investigate the matter.

“In the present case also, perusal of the FIR goes to show that the complainant has filed his complaint against accused Jaswinder Kaur, who was the Station House Officer, Mani Majra police station, Chandigarh, which was under the jurisdiction of the Union Territory, Chandigarh, and simply because the trap may have been laid in Punjab at some stage, there was no requirement of any permission to be sought from the State of Punjab. Therefore, there is no merit in the present application and the same is, accordingly, dismissed,” said the court in the order.