THE STATE, CENTRAL BUREAU OF INVESTIGATION versus A. SATISH KUMAR & ORS.

THE STATE, CENTRAL BUREAU OF INVESTIGATION versus A. SATISH KUMAR & ORS.

The High Court’s quashment was unsustainable because general consent for CBI investigation in respect of the territory involved had been accorded prior to bifurcation and was continued/extended by subsequent government orders; Circular Memo dated 26.05.2014 preserves pre-reorganisation laws and instruments in the successor States until altered, repealed or amended; combined with CBI’s statutory mandate and supporting precedent, these factors vest the CBI with power to register and investigate the offences and the designated Special Courts retained jurisdiction, so the FIRs and proceedings were restored.

Parties
Appellant: Central Bureau of Investigation; Respondent: A. Satish Kumar & Ors.
Jurisdiction
India
Judgment Date
01 January 2025
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 13.04.2023 of the High Court of Andhra Pradesh at Amravati (w.p. Nos.26990 of 2021 and 5441 of 2022)
Outcome
Appeals allowed
Legal Topics
Consent Under Section 6 of DSPE Act, General Consent for CBI Investigation, Territorial Jurisdiction of CBI, Designation of Special Judge Under Section 4 of PC Act, Continuity of Laws After State Reorganisation
Criminal Law Administrative Law Police Jurisdiction Statutory Interpretation Consent Under Section 6 of DSPE Act General Consent for CBI Investigation Territorial Jurisdiction of CBI Designation of Special Judge Under Section 4 of PC Act +1 more

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Parties

Central Bureau of Investigation

Appellant

A. Satish Kumar & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 13.04.2023 of the High Court of Andhra Pradesh at Amravati (w.p. Nos.26990 of 2021 and 5441 of 2022)

Legal Issues

  1. 1 Whether the CBI requires consent from the concerned State Government to register an FIR against a Central Government employee working within that State for an offence under a Central Act
  2. 2 Whether the High Court was justified in quashing the FIRs and subsequent proceedings for lack of consent and lack of notification designating a Special Court under the Prevention of Corruption Act, 1988
  3. 3 Whether laws and instruments applicable to the undivided State of Andhra Pradesh continued to apply to the successor States after bifurcation, absent repeal or amendment

Ratio Decidendi

The High Court’s quashment was unsustainable because general consent for CBI investigation in respect of the territory involved had been accorded prior to bifurcation and was continued/extended by subsequent government orders; Circular Memo dated 26.05.2014 preserves pre-reorganisation laws and instruments in the successor States until altered, repealed or amended; combined with CBI’s statutory mandate and supporting precedent, these factors vest the CBI with power to register and investigate the offences and the designated Special Courts retained jurisdiction, so the FIRs and proceedings were restored.

Court Disposition

Appeals allowed

Orders

  • Impugned common order dated 13.04.2023 of the High Court in W.P. Nos.26990 of 2021 and 5441 of 2022 set aside
  • Criminal Cases CC No.13 of 2022 and CC No.15 of 2022 (arising from FIR Nos.10A/2017 and RC22(A)/2017 CBI, HYD) restored to the files of the Court of Special Judge for CBI Cases, Kurnool