9911796707
TMI Blog2025 (1) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... viz., 02.06.2014, the force of law in the whole or in any part of the existing State of Andhra Pradesh. Thus, the cumulative effect of para 2(f), clauses (i) to (iii) of para 6 of the said Circular dated 26.05.2014 as also other notifications issued prior to 02.06.2014 or in modification of the then existing law(s), as it is to be understood in terms of the definition in para 2 (f), especially, in the absence of repeal or alteration or amendment in the State of Telangana also have to be looked into while considering the question(s) involved in the cases on hand. 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 - it is 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in, 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 03.09.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 6. Writ Petition No.26990 of 2021 was filed by the first respondent in the former appeal mainly seeking to issue a writ order or direction, more particularly, one in the nature of Writ of Mandamus by decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , were made on behalf of the first respondent in the latter appeal, who was the accused in CC No.15/2022, in Writ Petition No.5441 of 2022 to support the prayer to quash CC No.15/2022 and all further proceedings thereof. The appellant herein who was one of the respondents therein, strongly resisted the contentions regarding inherent lack of jurisdiction and contended that the proceedings did not get vitiated as contended by the Writ Petitioners. 8. A scrutiny of the impugned judgment would reveal that the High Court upon reviewing the sequence of events held that the transfer of cases from the Additional CBI Court, Vishakhapatnam to Kurnool is not per se wrong and, in fact, it is in accordance with law. We may hasten to add here that the said finding is not under challenge before us, certainly, at the instance of the first respondent in the captioned appeals and hence, the same need not be considered any further. But then, even after holding thus, the High Court went on to consider the questions whether the lack of consent as also the lack of notification for a Special Court under the PC Act would go into the root of the matter and thereby vitiate the proceedings. Both the question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsent as orders pertaining to the State of Andhra Pradesh only. 11. The learned counsel appearing for the first respondent in the appeals stoutly resisted the contentions raised on behalf of the appellant and submitted that the entire sequence of events including the trapping, registration of the FIRs, filing of the chargesheets and taking cognizance etc. were considered by the High Court ultimately to arrive at the conclusion that the registration of the FIRs as also filing of the chargesheets in the cases on hand, are vitiated by law. It is further submitted that since such irregularities would go into the root of the matter denude jurisdiction. Hence, the High Court was right in quashing the respective FIRs and all further proceedings in pursuance thereof. 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 po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 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 02.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the respective State. 17. In contextual situation it is relevant to refer to the decision of this Court in Commissioner of Commercial Taxes, Ranchi and Ors. v. Swarn Rekha Cokes and Coals (P) Ltd. and Ors (2004) 6 SCC 689; 2004 INSC 378 . This Court was considering the question of continuity of laws in force in the erstwhile State in the new States carved out of erstwhile State with reference to the Bihar Reorganisation Act, 2000. It was held that States reorganisation legislations must be construed in the light of the unusual situation created by the creation of a new State and the object sought to be achieved. It was held therein further that the laws which were applicable to the undivided State of Bihar would continue to apply to the new States created by the Act and that the laws that operated would continue to operate notwithstanding the bifurcation of the erstwhile State of Bihar and creation of the new State of Jharkhand. They would continue in force until and unless altered, repealed or amended, it was further held. 18. It is in the light of the ratio of the aforesaid decision and the wide definition given to the term law under paragraph 2 of the circular dated 26.05.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act in the State of Andhra Pradesh for investigation of the offences mentioned hereunder against (i) Private Persons for alleged offences committed whether acting separately or in conjunction with Central Government/undertaking employees and in case of State Govt. employees upto First Gazetted level when acting along with or in conjunction with private persons or Central Govt. employees. However, in case of State Government employees from 2nd level gazetted posts sitting or former legislators, Members of Parliament and Members of Legislative Assembly (even Ministers, Chairmen of Corporation etc.) the CBI shall obtain prior consent of the State Government in each case . 21. In continuation of the GORT No.1247, Home (SC.A Department) dated 14.05.1990, the general consent of Government of Andhra Pradesh to exercise powers and jurisdiction under the DSPE Act was accorded, rather, extended as per subsequent Govt. orders such as GOMS No.477, Home, SC.A Department dated 18.06.1994, GOMS No.158, Home, SC.A Department dated 28.11.2014, GOMS No.67, Home, SC.A Department dated 01.06.2016, GOMS No.184, Home, SC.A Department dated 05.12.2017 and GOMS No.109 Home, SC.A Department dated 03.08.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contraconstruction would defeat the very soul of the provisions under the PC Act as also the very intent and purpose of the Government orders which were given the status of law by virtue of definition under para 2(f) of the Circular Memo dated 26.05.2014 issued under Section 3 of the AP Reorganisation Act. 22. In the light of the discussion as above and construction of the Govt. orders it can only be held that the High Court had erred in holding that there was no notification issued conferring the status of Special Court in terms of Section 4 of the PC Act to the CBI Court, Hyderabad. Now, the transfer of the cases concerned subsequent to the CBI Policy Division order regarding the re-defining the territorial jurisdiction of CBI, Hyderabad and Vishakhapatnam branches dated 28.03.2019 and issuance of notification by the High Court of Telangana vide ROC No.334/E-1/2008 dated 03.09.2019 and the transfer of CC Nos.35 of 2020 and 37 of 2020 to the Court of the Special Judge for CBI Cases, Kurnool were held as in accordance with law by the High Court. In such circumstances and in the light of the conclusion already arrived at, the terms of the provisions under circular memo dated 26.05.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any offences or classes of offences specified in a notification under section 3. (2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of the police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. (3) Where any such order under sub-section (1) is made relation to any area, then, without prejudice to the provisions of sub-section (2), any member of the Delhi Special Police Establishment of or above the rank of Sub- Inspector may, subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not arise. In our opinion, the stated proviso will have no application to the offence in question and thus the Delhi special police force/DSPE (CBI) must be held to be competent to register the FIR at Delhi and also to investigate the same without the consent of the State. 27. 28. Suffice it to observe that the proviso contained in the stated notification dated 19.2.1996 cannot be the basis to disempower the special police force/DSPE (CBI) from registering the offence committed at Delhi to defraud the Government of India undertaking (BRBCL) and siphoning of its funds and having its registered office at Delhi. Allegedly, the stated offence has been committed at Delhi. If so, the Delhi Courts will have jurisdiction to take cognizance thereof. The State police (State of Bihar) cannot investigate the specified offences committed and accomplished at Delhi, being outside the territory of the State of Bihar. It must follow that the consent of the State of Bihar to investigate such offence is not required in law and for which reason, the special police force would be competent to carry on the investigation thereof even if one of the accused allegedly involved in the commission of stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 19.02.1996, it was not open to the State to argue to the contrary. 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. 30. Hence, the appeals are allowed. Accordingly, the impugned common order dated 13.04.2023 passed by the High Court in WP No.26990 of 2021, and 5441 of 2022 are set aside. Resultantly, CC Nos.13 of 2022 and 15 of 2022 arising respectively from the FIR Nos.10A/2017 and RC22(A)/2017, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
