M. Balakrishna Reddy vs Director, Cbi, New Delhi

3. Briefly stated the facts of the case are that the appellant herein appeared in the examination conducted by the Union Public Service Commission ('UPSC' for short) in the year 1996 at Hamidiya Arts and Commerce College, Bhopal on November 1, 1996. It was alleged that the appellant was found to be in possession of prewritten answer sheets which were similar, if not identical, to the answer sheets supplied by the Examination Board. The appellant was taken out of the hall and a statement was recorded in which he confessed to have prewritten answer sheets with him. The matter was then reported to UPSC Head Office at New Delhi. A preliminary inquiry was instituted and on being prima facie satisfied about the allegations levelled, the Secretary, UPSC, lodged a Criminal Case against the appellant for offences punishable under Sections 420, 471, 474, 467, 468 and 417 read with Section 511 of the Indian Penal Code, 1860 ('IPC' for short). A charge-sheet was filed in the Court of Special Magistrate, Central Bureau of Investigation ('CBI' for short), Indore.

5. The learned Magistrate, by an order dated December 17, 2002 rejected the preliminary objection. Being aggrieved by the said order, the appellant preferred Revision under Section 397 of the Code of Criminal Procedure, 1973 in the High Court of Madhya Pradesh (Indore Bench), and as stated above, the High Court dismissed the Revision Petition. The said order is challenged by the appellant by filing the present appeal.

6. On March 8, 2007, notice was issued by this Court. On August 6, 2007, the Registry was directed to place the matter for final hearing. That is how the matter has been placed before us.

5. Extension of powers and jurisdiction of Special Police Establishment to other areas:-

Sir, In continuation of this department letter No. 20/12(II)/Home Police, dated the 29th December, 1956 on the above subject, I am directed to state that this State Government have no objection to the members of the Delhi Special Police Establishment exercising powers and jurisdiction within this State.

27. In Ujgar Singh & Anr. V. State of Punjab, 1952 SCR 756, an order of detention was made against the petitioner under the Preventive Detention Act, 1950. The detenu challenged it in this Court by invoking Article 32 of the Constitution. One of the contentions raised on his behalf was that the grounds of detention did not purport to state that the authority making the order was the Governor of the State.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order on instruction which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(emphasis supplied)

60. The question before the Court was whether the 'noting' made by the Revenue Minister could be said to be an 'order', and whether the provisions of Article 166 of the Constitution could be said to have been complied with.

61. Dismissing the appeal and drawing distinction between the noting, remarks or opinion expressed by a Minster on file and an order made by the Government, the Constitution Bench stated;

(emphasis supplied)

72. On the facts stated hereinabove, there is no doubt that the State of Madhya Pradesh has given consent as envisaged by Section 6 of the Delhi Act and prosecution instituted by CBI against the appellant cannot be said to be without jurisdiction. We see no infirmity in the order passed by the trial Court and confirmed by the High Court. The appeal, hence, deserves to be dismissed and we accordingly do so.

73. The appeal is dismissed accordingly.