Jammu & Kashmir High Court
Sanjeev Kumar Mahajan vs Central Bureau Of Investigation on 22 February, 2024
Sr. No. 13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
ATJAMMU
OWP No. 133/2014
IA No. 154/2014
1. Sanjeev Kumar Mahajan, aged 43 years, .....Petitioner(s)
S/O Rattan Lal, R/O Sector No. 2,
Channi Himmat, Near Mahajan Properties,
Jammu.
2. Rajeev Gupta, aged 41 years,
S/O Shori Lal Gupta,
R/O H.No. 121, Sector-1, Near Post Office,
Trikuta Nagar, Jammu.
3. Raghubir Singh, aged 44 years,
S/O Suraj Karan Singh,
R/O Village Ghou Manahasan,
Tehsil & District Jammu.
4. Naresh Gupta, Aged 45 years,
S/O Hari Om Gupta,
R/O H.No. 650, Sarwal, Jammu
Through :- Mr. Tejaswar Singh Chib, Advocate
v/s
1. Central Bureau of Investigation, Jammu .....Respondent(s)
through its Superintendent of Police
2. State of J&K through Secretary to Govt.,
Law Justice & Parliamentary Affairs
Department, Civil Secretariat, Srinagar
3. Secretary to Government,
General Administration Department,
Civil Secretariat, Srinagar.
4. Principal Secretary to Government,
Home Department, Civil Secretariat,
Srinagar
Through :- Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
JUDGMENT
22.02.2024
1. Through the medium of this petition, the petitioners have sought quashment
of RC No. 0042006A0009 dated 06.09.2006 and the final report arising
therefrom filed by the respondent-Central Bureau of Investigation, Jammu
before the Court of learned Special Judge, Anti Corruption (CBI Cases),
Jammu titled "State through CBI vs Rajinder Koul & Ors" and also to
quash the order dated 29.03.2012 passed by the Court in File No.
198/56/Challan read with charges framed against the petitioners in the
aforesaid case being without jurisdiction and authority so far as CBI has
registered the FIR and investigated the same without jurisdiction.
2. This case has been pending on the files of this Court since the year 2013. In
a bunch of similar petitions pending before both the Wings of this High
Court having been clubbed, a Coordinate Bench of this Court vide
judgment dated 02.05.2023 had replied the common question of law in Para
35 of the judgment which is extracted as under:
"35. For the foregoing reasons the common question of law that
has arisen in all these petitions is answered in the following
manner:-
The erstwhile State of Jammu and Kashmir has accorded
general consent under Section 6 of the DSPE Act for
exercise of jurisdiction by the CBI to investigate the
offences mentioned in the consent letter dated 07.05.1958
read with letter dated 18.12.1963 and that these
communications have not been withdrawn by a competent
authority of the erstwhile State of Jammu and Kashmir.
Thus, the Central Bureau of Investigation has jurisdiction
to investigate the offences mentioned in the aforesaid two
consent letters read with notification dated 01.04.1964 and
Order dated 01.04.1964."
3. Since the petitioners had filed the petition on the limited question of
jurisdiction of the CBI with regard to investigation of the case in the State
of Jammu and Kashmir, the same stands replied to in terms of the aforesaid
judgment passed by the Coordinate Bench, holding that respondent-CBI
had jurisdiction to register and investigate the matter in the erstwhile State
of J&K.
4. Learned counsels for both the sides have submitted at the Bar that this
petition be disposed of in terms of the aforesaid judgment. Since the
question law raised in this petition has already been decided in the
connected petitions and is applicable to the petition on hand. Having regard
to the law laid down by this Court in clubbed cases with lead cases CRMC
No. 29/2016 of Srinagar Wing of this Court and OWP No. 1266/2015 of
Jammu Wing, nothing requires to be decided in this petition. Therefore, the
petition is dismissed and the interim direction, if any, passed is vacated.
5. A copy of this order shall be communicated to the trial Court for
information and record.
(M A Chowdhary)
Judge
JAMMU
22.02.2024
Vijay
Whether the order is speaking: Yes
Whether the order is reportable: Yes
