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M/S. FERTICO MARKETING AND INVESTMENT PVT. LTD AND ORS. ETC. vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC.

SCR Citation: [2020] 12 S.C.R. 956
Year/Volume: 2020/ Volume 12
Date of Judgment: 17 November 2020
Petitioner: M/S. FERTICO MARKETING AND INVESTMENT PVT. LTD AND ORS. ETC.
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2020 INSC 645
Judgment Delivered by: Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Respondent: CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC.
Case Type: CRIMINAL APPEAL /760/2020
Order/Judgment: Judgment
1. Headnote

Delhi Special Police Establishment Act, 1946:s.6 – Consent under – Scope of – FIR by CBI alleging offencesu/ss. 120B and 420 IPC and s. 13(2) r/w. s. 13(1)(d) of Preventionof Corruption Act, 1988 (PC Act) – Against Director of coal-purchasing company and unknown public servants – Duringinvestigation two public servants of the State Government were foundto be part of the conspiracy – Charge-sheet filed against the Directorof the coal-purchasing company and against the public servantsafter obtaining sanction u/s. 19 of PC Act – Petitions u/s. 482 Cr.P.C. seeking quashing of the criminal proceedings – Single Judgeof High Court dismissed the petitions holding that post-facto consentafter completion of investigation would be a valid consent u/s. 6 –Appeal to Supreme Court – Held: As regards private individuals noconsent is required u/s. 6 and hence there was no embargo inregistering FIR against them – As regards public servants, the post-facto consent u/s. 6 given by the State Government was valid – Thepublic servants have also not been able to show any prejudicecaused to them or any miscarriage of justice, in absence of priorconsent u/s. 6 – Matter remitted to High Court to decide other issuesraised before the High Court – Code of Criminal Procedure, 1973– s.482.

2. Case referred
3. Act
  • Delhi Special Police Establishment Act, 1946 (25 of 1946)
  • Indian Penal Code, 1860 (45 of 1860)
  • Prevention of Corruption Act, 1988 (49 of 1988)
4. Keyword
  • Delhi Special Police Establishment Act
  • 1946
  • s.6
  • Consent under
  • Scope of –
5. Equivalent citation
    Citation(s) 2021 (2) SCC 525 = 2021 (2) Suppl. SCC 525 = 2020 (11) JT 10 = 2020 (11) Suppl. JT 10 = 2020 (13) SCALE 132