Plea Of Lack Of State’s Consent For CBI’s Investigation Should Be Taken Soon After FIR Registration : Supreme Court

The Supreme Court held that the plea regarding lack of state consent for a CBI investigation under Section 6 of the Delhi Special Police Establishment Act must be raised at the earliest—preferably immediately after the FIR. A Bench of Justices Surya Kant and Joymalya Bagchi ruled that such objections cannot be entertained belatedly after charge-sheet filing and cognizance, except in exceptional cases involving miscarriage of justice. The Court set aside the Madhya Pradesh High Court’s order that quashed a case on the ground of missing state consent and directed the trial to proceed. This ruling reinforces procedural discipline and prevents delayed challenges to central investigations.