Appeal
Appeal by CBI against the judgment allowing Writ petitions
1. The self-same appellant, namely, the Central Bureau of Investigation (for short, ‘the CBI’) calls in question the common judgment dated 13.04.2023 in W.P. Nos.26990 of 2021 and 5441 of 2022 passed by the High Court of Andhra Pradesh. Writ Petition No.26990 of 2021 was filed by the first respondent in the former appeal and Writ Petition No.5441 of 2022 was filed by the first respondent in the latter appeal. As observed by the High Court in the impugned common judgment, common question(s) of law arose for consideration in both the cases in identical circumstances and the High Court took W.P. No.26990 of 2022 as the lead case. Consequent to the consideration of the legal and factual position, the High Court allowed the said Writ Petition and for the same reasoning allowed W.P. No.5441 of 2022 as per the impugned common judgment.
2. Before dealing with the precise question(s) of law involved in the captioned appeals, it is appropriate to refer, succinctly, to the factual background that ultimately led to the filing of the Writ Petitions and their culmination in the impugned common judgment, as under:-
FIR No.10 (A)/2017 was registered for offences under Section 7 of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’) against the first respondent in Criminal Appeal No.898 of 2024 while he was working as Superintendent, Central Excise, Nandyal, (Kurnool), District in the State of Andhra Pradesh. The allegation was that he demanded and accepted an illegal gratification of ₹10,000/- from the original complainant, Sri. Arif, who was a contractor, on 09.05.2017 for issuance of licence surrender certificate qua Excise Registration Certificate No. AHC PC 1141 KEM 001.
3. In the latter appeal, against the first respondent therein, FIR No.RC22(A)/2017-CBI/HYD was registered under Section 7 of the PC Act. The allegation was that while working as Accounts Assistant in the office of Senior Divisional Financial Manager, Guntakal, by abusing his office as public servant he demanded and obtained ₹15,000/- as illegal gratification from the original complainant therein, Sri. C. Dorrai Rajulu Naidu on 20.11.2017 for doing official favour of processing contract bills for the months of July, 2017 to September, 2017 and also previously sanctioned bills for the month of March to May, 2017 and June, 2017. In both the cases, after completion of investigation, chargesheets were filed before the Court of Principal, Special Judge for CBI Cases, Hyderabad. In the case of former appeal, it was so filed on 28.12.2017 and in the latter case it was so filed on 29.03.2018. The Court took cognizance, in the former case, on 16.07.2018 and took on it file as CC No.2/2018 and in the latter case, on taking cognizance it was taken on file as CC No.6/2018 on 03.08.2018. On 28.03.2019, the CBI, policy division order, redefining the territorial jurisdiction of CBI, ACB, Hyderabad and Vishakhapatnam branches was issued. On 03.09.2019, the High Court of Telangana vide ROC No.334/E-1/2008 issued a notification regarding the jurisdiction of four Rayalaseema Districts of the State of Andhra Pradesh, namely, Kurnool, Kadappa, Chittoor and Ananthapur and for their inclusion in the jurisdiction of CBI Courts Vishakhapatnam by deleting the same from the jurisdiction of CBI Courts at Hyderabad.
4. Earlier, as per the Andhra Pradesh ReOrganisation Act, 2014 (for short, ‘the A.P. ReOrganisation Act’), w.e.f. 02.06.2014, the State of Andhra Pradesh was bifurcated geographically into two States namely, the State of Andhra Pradesh and the State of Telangana. Indisputably, despite the birth of two States by such bifurcation the High Court of Andhra Pradesh continued to be the common High Court for States i.e., Andhra Pradesh and Telangana till December, 2018. As relates the causative incident which led to the registration of the FIR No.10(A)/2017 against the first respondent in the former appeal, it occurred within the limits of Kurnool District and that of FIR No.RC22(A)/2017-CBI/HYD it occurred within the limits of Ananthapur, both were in the State of Andhra Pradesh. Even after the bifurcation those districts remained with the State of Andhra Pradesh. As noticed earlier, both the aforesaid FIRs were registered for offences under Section 7 of the PC Act at Hyderabad in Telangana State by the CBI, ACB Hyderabad and on completion of investigation the CBI filed final reports before the Court of Principal, Special Judge for CBI cases, Hyderabad and that Court took cognizance of offences based on such final reports and took them on file and assigned CC Nos.2/2018 and 6/2018 respectively. As noted earlier, ROC Nos.334/E-1/2008 dated 03.09.2019 was issued by the High Court of Telangana, on its administrative side, directing to transfer the CBI cases pertaining to the districts of Kurnool, Kadappa, Chittoor and Ananthapur of Rayalaseema region of Andhra Pradesh to the Court of Special Judge for CBI cases at Vishakhapatnam. Accordingly, those cases were transferred and renumbered respectively as CC No.35/2020 and CC No.37/2020. Still, later as per GOMS No.9 & 10 Law (LA, LA & J-Home Court A) Department dated 09.01.2020, IInd Special Judge for CBI Cases, Vishakhapatnam was shifted from Vishakhapatnam to Kurnool. Consequently, CC No.35/2020 was re-numbered as CC No.13 of 2022 SLP (Crl.) No. 10737 of 2023 Page 6 of 32 and CC No.37/2020 was re-numbered as CC No.15 of 2022, on the files of the Court of Special Judge for CBI Cases, Kurnool. It is in the aforesaid circumstances that the respective first respondent in the captioned appeals who were the respective accused in CC No.13 of 2022 and CC No.15/2022 moved the aforementioned Writ Petitions which culminated in the impugned common judgment dated 13.04.2023.
5. Much prior to the bifurcation of the State of Andhra Pradesh into two States, as above, the Government of erstwhile undivided State of Andhra Pradesh vide order dated 14.05.1990, gave general consent for investigation by the CBI in the entire State of Andhra Pradesh. Going by the said notification, general consent was accorded under Section 6 of the Delhi Special Police Establishment Act, 1946 (for short, ‘the DSPE Act’) to exercise powers and jurisdiction under the said Act in the entire State of Andhra Pradesh for investigation of the offences mentioned thereunder. We will dilate on its impact and effect a little later.
Analysis
12. Before considering the rival contentions to examine their tenability it is only appropriate to scan the impugned judgment to find out the reasons specifically assigned by the High Court in coming to the conclusion that the registration of the FIR and the filing of the chargesheet in the cases on hand are vitiated in law. Such a consideration would reveal that the High Court considered the questions as to whether CBI had power to register the FIRs and investigate offences qua respondent No.1 in the appeals, whether the FIR for offences under the PC Act could be registered in Hyderabad in the State of Telangana when the offences alleged to have been committed at places within the State of Andhra Pradesh and for that reason whether the CBI Court in the State of Telangana got jurisdiction to try the offence under the PC Act in respect of offences allegedly committed at places falling within the State of Andhra Pradesh.
13. Obviously, the High Court interpreted Section 4 of the PC Act and the decision of this Court in C.B.I., A.H.D., Patna v. Braj Bhushan Prasad[(2001) 9 SCC 432; 2001 INSC 485], and such other cases to come to the conclusion that the Court of the Special Judge for CBI cases, Hyderabad got no jurisdiction to try the offences involved in the cases on hand under the provisions of the PC Act. The High Court has also arrived at the conclusion that there was no consent required in terms of the provisions under Section 6 of the DSPE Act to register and investigate the offences against the Central Government employees on the date of registration of the FIR in the cases on hand.
14. The impugned judgment would reveal that the High Court firstly considered the power of the CBI sans consent of the Government of Andhra Pradesh to register FIR on the date(s) of registration of the subject FIRs and further to investigate them. After referring to Section 5 and 6 of the DSPE Act, it was held that they would make it clear that though under Section 5 the Central Government could extend the area of operation of the said Act in a State it would be subject to the consent of the State Government concerned. To fortify the said view the High Court referred to and relied on the decision of this Court in Fertico Marketing and Investment Private Limited and Ors. v. Central Bureau of Investigation and Anr [(2021) 2 SCC 525; 2020 INSC 645] The High Court also took note of the fact that in the cases on hand the causative incident that led to the registration of the FIRs occurred in districts, Kurnool and Anantpur respectively, within the State of Andhra Pradesh. The Court has also taken note of the fact that investigation was conducted by the CBI and chargesheets were submitted thereafter in the Special Court for CBI Cases at Hyderabad and thereafter, that Court took cognizance of the offence(s). Whether such actions are legal or of the nature which would go into the root of the matter to vitiate the proceedings, were considered taking note of various factors and facts. The High Court considered the facts that the A.P. Reorganisation Act came into force on 02.06.2014 and thereafter, general consent was given only by the State of Andhra Pradesh as per GOMS No.158 dated 28.11.2014 and then by GOMS No.67 dated 01.06.2016 and yet again by GOMS No.184 dated 05.12.2017 and 109 dated 03.08.2018 to come to the conclusion that as on the date(s) of registration of the subject FIRs there was no power vested with the CBI, ACB, Hyderabad in Telangana to register crime in regard to the offence taken place in Kurnool as also in Anantapur in the State of Andhra Pradesh and also to conduct investigation thereon. It is also evident that the High Court arrived at the conclusion that GOMS 88 dated 07.08.2012 by which CBI Court at Hyderabad was given the power to exercise jurisdiction over the districts in Telangana as also Rayalaseema Districts of Andhra Pradesh namely, Chittoor, Ananthapur, Kadappa and Kurnool ceased to be in force after the State Reorganisation Act came into force on 02.06.2014 and therefore, the Court of the Special Judge for CBI Cases, Hyderabad ceased to have jurisdiction to deal with the cases under the PC Act in respect of the aforementioned four districts falling within the Rayalaseema regions of State of Andhra Pradesh. It was also held that in such circumstances the Court of Special Judge for CBI Cases, Hyderabad could not have entertained the cases after 02.06.2014 as the required notification under the PC Act was not issued subsequent to 02.06.2014, the appointed day under the A.P. Reorganisation Act.
25. Irrespective of the place of posting, the aforesaid factual position would go onto show that they were Central Government employees/Central Government Undertaking employees and allegedly committed serious offence under PC Act, which is a Central Act. Therefore, the question is in such circumstances merely because such an employee works within the territory of a particular State, to register an FIR by the CBI in connection with commission of an offence under a Central Act whether consent from the State Government concerned is required or not? The said question is no longer a legal conundrum in view of the decisions of this Court in Kanwal Tanuj v. State of Bihar and Ors [2020 SCC OnLine SC 395; 2020 INSC 357] and in Fertico Marketing and Investment Pvt. Ltd.’s case (supra).
28. In the contextual situation it is also relevant to refer to Resolution No.4-31-61-T dated 01.04.1963 of Ministry of Home Affairs establishing the Central Bureau of Investigation. Going by the said resolution dated 01.04.1963, it provides the function of the CBI in cases where public servants under the control of the Central Government are involved either themselves or with the State Government servants and/or other person.
29. Thus, upon diallage we find it difficult to accede to the contentions of the first respondent in the captioned appeals made in a bid to support and sustain the impugned judgment. In such circumstances, considering the questions from such different angles we are of the firm view that the impugned judgment whereunder subject FIRs and further proceedings in pursuance thereof, were quashed cannot be sustained.
Party
The State, Central Bureau of Investigation. …Appellant(s) versus A. Satish Kumar & Ors. …Respondent(s) – Criminal Appeal No. 898 of 2024 (@ SLP (Crl.) No. 10737 of 2023) – 2025 INSC 11 – January 02, 2025.
