Holding

The Supreme Court held that the High Court erred and that the Anti‑Corruption Bureau office enjoys jurisdiction under the 2003 Government Order and the continuity provisions of the Andhra Pradesh Reorganisation Act, 2014, so the FIRs cannot be quashed on a technical ground.

Summary

The respondents challenged a batch of FIRs registered between 2016 and 2020 at the Anti‑Corruption Bureau’s Central Investigation Unit in Vijayawada, alleging that the office had not been notified as a police station under Section 2(s) of the Code of Criminal Procedure and therefore lacked jurisdiction. The High Court of Andhra Pradesh quashed all the FIRs on this hyper‑technical ground, holding that a gazetted notification was required to confer police‑station status. The State appealed, contending that the 2003 Government Order declaring ACB offices as police stations, together with the legal continuity provisions of the Andhra Pradesh Reorganisation Act, 2014, gave the office jurisdiction despite the absence of a later specific notification. The Supreme Court held that the High Court erred, observing that the earlier order and the statutory fiction under the Reorganisation Act continue to give the ACB office jurisdiction, and that FIRs cannot be set aside on a mere technicality. Consequently, the appeals were allowed, the investigations were ordered to proceed, and the High Court was barred from entertaining further challenges to the FIRs.

Issues considered

Whether FIRs registered by the Anti‑Corruption Bureau’s Central Investigation Unit in Vijayawada are invalid for lack of a notification under Section 2(s) of the CrPC, 1973.
Whether the Government Order of 2003 and the clarificatory order of 2022 confer police‑station status despite the absence of a gazetted notification.
Whether the provisions of the Andhra Pradesh Reorganisation Act, 2014 (sections 2(f), 100, 101, 102) preserve the jurisdiction of the ACB office after the bifurcation of the state.
Whether the High Court’s quashing of the FIRs on a hyper‑technical ground amounts to a travesty of justice.

Legislation cited

Andhra Pradesh Reorganisation Act, 2014s. 100, s. 101, s. 102, s. 2(f)
Bharatiya Nagarik Suraksha Sanhita, 2023
Code of Criminal Procedure, 1973s. 2(o), s. 2(s)
Prevention of Corruption Act, 1988

Headnote

Issue for Consideration A set of cases where, the FIRs registered, for offences punishable under the Prevention of Corruption Act, 1988 have been quashed, which left the investigation(s) being nipped in the bud in some cases, while, in proceedings stood terminated. The High Court has undertaken the said exercise, solely on the issue of jurisdiction of the police station which registered the FIRs. Headnotes† Prevention of Corruption Act, 1988 – Code of Criminal Procedure, 1973 – s.2(s) – Bharatiya

Subjects

Hyper-technical groundSection 2(s) of CrPCSection 2(o) of CrPCPari MateriaOfficial Gazette NotificationSection 2(f) of Andhra Pradesh Reorganisation Act, 2014Section 100 of Andhra Pradesh Reorganisation Act, 2014Continuity of LawsTravesty of JusticeClarificatory NotificationSubstance over FormDisproportionate AssetsInvestigation

Judgment

[2026] 1 S.C.R. 740 : 2026 INSC 37

The Joint Director (Rayalaseema), Anti-Corruption
Bureau, A.P. & Anr. Etc.
v.
Dayam Peda Ranga Rao Etc.
(Criminal Appeal No(s). 122-134 of 2026)
08 January 2026
[M.M. Sundresh* and Satish Chandra Sharma, JJ.]

Issue for Consideration
A set of cases where, the FIRs registered, for offences punishable
under the Prevention of Corruption Act, 1988 have been quashed,
which left the investigation(s) being nipped in the bud in some
cases, while, in the others, criminal proceedings stood terminated.
The High Court has undertaken the said exercise, solely on the
issue of jurisdiction of the police station which registered the FIRs.

Headnotes†
Prevention of Corruption Act, 1988 – Code of Criminal
Procedure, 1973 – s.2(s) – Bharatiya Nagarik Suraksha Sanhita,
2023 – Andhra Pradesh Reorganisation Act, 2014 – FIRs were
registered at the office of the Anti-Corruption Bureau, Central
Investigation Unit, Andhra Pradesh, Vijayawada Police Station,
between the years 2016 and 2020, for offences punishable
under the PC Act – All these FIRs were challenged by the
persons arrayed as accused, respondent(s) herein, primarily
on the ground that the Anti-Corruption Bureau, Central
Investigation Unit, Andhra Pradesh, Vijayawada Police Station,
is not notified as a police station u/s.2(s) of the CrPC, 1973
and, therefore, lacks jurisdiction to register the FIRs – By
the impugned judgment, the High Court held that, in the
absence of a notification u/s.2(s) of the CrPC, 1973, the
police station, to which the police officers who registered the
FIRs belong to, do not have any jurisdiction to register the
same – Accordingly, all the registered FIRs were quashed,
without even indicating which forum would otherwise have
the jurisdiction – Correctness:
Held: The approach of the High Court has caused travesty of
justice – If, on a hyper-technical ground, the FIRs are quashed,

* Author
[2026] 1 S.C.R. 741

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

the High Court is duty-bound to lay down the law with respect
to the jurisdiction that otherwise exists – The High Court has
completely misdirected itself while interpreting the law, including
the principles laid down by this Court in Swarn Rekha Cokes
& Coals (P). Ltd. – Though this decision has been overruled,
paragraphs 26 to 28, contained thereunder, have been affirmed
by the subsequent decision of this Court in the case of State of
Madhya Pradesh and Others – The reasoning of the High Court,
that a declaration by way of a notification has to be published
in the Official Gazette for due compliance of s.2(s) of the CrPC,
1973, is unacceptable – Similarly, the finding, that the subsequent
clarificatory Government Order of 2022 will not have an effect on
the FIRs registered, is totally untenable and against the basic
canons of law – When a Government Order is issued by way of a
clarification, there is no question of any retrospective application –
In fact, the said Government Order merely quotes the various
provisions of the 2014 Act in order to make the position abundantly
clear – This Court took the earlier judgments into consideration
and, in fact, dealt with the very same 2014 Act and held that the
legal fiction should be so that the existing laws, prior to bifurcation,
would continue to be in force in both the States, unless altered,
repealed or amended in accordance with law – Any construction
to the contrary would defeat the very intent and purpose of the
Government Orders, which were given the status of ‘law,’ vide
Circular dated 26.05.2014 – Thus, the impugned judgment is
set aside – The appellant(s) are at liberty to proceed with the
investigation – However, the appellant(s) directed not take any
coercive steps by way of arresting the respondents herein – The
respondents herein directed to co-operate with the expeditious
conclusion of the investigation – The High Court not to entertain
any more challenge to the FIRs or the pending investigation.
[Paras 22-24, 26, 27, 29]

Case Law Cited
Commissioner of Commercial Taxes Ranchi and Another v. Swarn
Rekha Cokes & Coals (P) Ltd. and Others [2004] Supp. 2 SCR
633 : (2004) 6 SCC 689; State of Madhya Pradesh and Others v.
Lafarge Dealers Association and Others [2019] 18 SCR 924 :
(2019) 7 SCC 584; State, Central Bureau of Investigation v. A.
Satish Kumar and Others [2025] 1 SCR 130 : AIR 2025 Supreme
Court 913 – relied on.
742 [2026] 1 S.C.R.

Supreme Court Reports

State of Punjab and Others v. Balbir Singh and Others [1976] 2
SCR 115 : (1976) 3 SCC 242; Ranjan Sinha and Another v. Ajay
Kumar Vishwakarma and Others [2017] 7 SCR 194 : (2017) 14
SCC 774 – referred to.

List of Acts
Prevention of Corruption Act, 1988; Code of Criminal Procedure,
1973; Bharatiya Nagarik Suraksha Sanhita, 2023; Andhra Pradesh
Reorganisation Act, 2014.

List of Keywords
Hyper-technical ground; Section 2(s) of CrPC; Section 2(o) of CrPC;
Pari Materia; Official Gazette Notification; Section 2(f) of Andhra
Pradesh Reorganisation Act, 2014; Section 100 of Andhra Pradesh
Reorganisation Act, 2014; Continuity of Laws; Travesty of Justice;
Clarificatory Notification; Substance over Form; Disproportionate
Assets; Investigation.

Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s).
122-134 of 2026
From the Judgment and Order dated 01.08.2025 of the High Court
of Andhra Pradesh at Amravati in CRLP Nos. 3955, 197, 433, 1376,
2211, 2253, 2451, 3808, and 4831 of 2021, and CRLP Nos. 4469,
5958, and 5985 of 2020, and CRLP No. 2066 of 2023

Appearances for Parties
Advs. for the Appellant(s):
Sidharth Luthra, Siddharth Aggarwal, Sr. Advs., Ms. Prerna Singh,
Guntur Pramod Kumar, Dhruv Yadav, Ms. Rajni Gupta, Vishwajeet
Singh, Karl P Rustomkhan, Parv Arora.
Advs. for the Respondent(s):
Dr. Sofia Begum, Guru Krishnakumar, Sr. Advs., Mrs. Gouri Karuna
Mohanti, Ms. Anu Gupta, Veerla Sateesh Kumar, Deepak Kumar
Singh, Ms. Puspa Kishore, Sujeet Kumar Gupta, Satendra Kumar,
Ms. Mansa Singh, Ms. Sangeeta Gaur, Ms. Shubra Shah, Pradeep
Kumar Shah, Dharmavath Ravi, Anugu Ushi Reddy, Sriram P.,
S Ragasandesh, Ms. Anu Gupta, Sriram P., Bhushan Mahendra
[2026] 1 S.C.R. 743

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

Oza, Ms. Nidhi Mittal, C. K. Sasi, Sulakshan Vs, Agnish Aditya,
Vishesh Goel, Ms. Nidhi Mittal, Suresh Babu, Navin Suresh, C. K.
Sasi, Dr. Kk Geetha, Ms. Meena K Poulose, Suresh Babu, Navin
Suresh, C. K. Sasi, Dr. Kk Geetha, Ms. Meena K Poulose.

Judgment / Order of the Supreme Court

Judgment

M.M. Sundresh, J.

1. Leave granted.
2. Heard the learned Senior Counsel and learned Counsel appearing for
the appellant(s) and respondent(s). We have perused the documents
placed before us, along with the written submissions made.
3. A helping hand, extended by the High Court of Andhra Pradesh
through a hyper-technical approach, in nullifying the First Information
Reports (hereinafter referred to as “FIRs”) registered in a batch of
cases, pertaining to offences committed under the provisions of the
Prevention of Corruption Act, 1988 (hereinafter referred to as the “PC
Act”), which left the investigation(s) being nipped in the bud in some
cases, while, in the others, criminal proceedings stood terminated,
led to the present appeals being filed before us.

DISCUSSION OF RELEVANT LEGAL PROVISIONS, GOVERNMENT
ORDERS AND CIRCULARS:

THE CODE OF CRIMINAL PROCEDURE, 1973
4. The Code of Criminal Procedure, 1973 (hereinafter referred to as
the “CrPC, 1973”) was replaced by the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as the “BNSS, 2023”). As the
relevant provisions, in both the Statutes, are pari materia, we would
only deal with the former enactment for the sake of brevity.

Section 2(s) of the CrPC, 1973:
“2. Definitions.—In this Code, unless the context
otherwise requires,—
***
744 [2026] 1 S.C.R.

Supreme Court Reports

(s) “police station” means any post or place declared
generally or specially by the State Government, to be
a police station, and includes any local area specified
by the State Government in this behalf;”
(emphasis supplied)

Section 2(s) of the CrPC, 1973 defines a ‘police station’. It concerns
itself with two distinct and separate categories, namely, ‘post’ and
‘place’ Accordingly, a ‘post,’ held by a police officer, can be defined
as a police station, and so also a ‘place’. In a given case, there can
be a combination of both. The definition clause, under Section 2(s)
of the CrPC, 1973, is both exhaustive and inclusive. It is exhaustive
to mean, any post or any place, while it includes any local area
specified by the State Government. The inclusion of ‘local area’
would come within the definition of place, meaning thereby, a place
would include, a specified one, a town, a city, a taluk, a village, a
district or even a State itself. Therefore, a local area is a species
of the genus ‘place’. The declaration, that is warranted, under the
definition clause, is rather formal. It can be specific, either to a place
or to a post, or general, to a group of posts or places. Suffice it is
to state that, under the definition, there need not be a specific place
to be declared as a police station, as even a post being held by a
police officer would constitute a police station.

Section 2(o) of the CrPC, 1973:
“2. Definitions.—In this Code, unless the context
otherwise requires,—
***
(o) “officer in charge of a police station” includes, when
the officer in charge of the police station is absent from
the station-house or unable from illness or other cause to
perform his duties, the police officer present at the station-
house who is next in rank to such officer and is above
the rank of constable or, when the State Government so
directs, any other police officer so present;”
This provision defines an “officer in charge of a police station.” This
is an inclusive definition, which refers to a police officer at the station
[2026] 1 S.C.R. 745

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

house, placed next in rank to the officer in charge, and is above the
rank of constable, unless the State Government otherwise so directs.

G.O.Ms. No. 268 HOME (PSC) DEPARTMENT dated 12.09.2003
5. The Government of Andhra Pradesh issued a notification, by way
of the aforesaid Government Order, declaring the offices of Anti-
Corruption Bureau (A.C.B) as Police Stations, with their respective
jurisdiction.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Anti-Corruption Bureau, Andhra Pradesh - Declaration of
Offices of Anti-Corruption Bureau of Police Stations with
their jurisdiction. Notification - Issued.
HOME (PSC) DEPARTMENT
G.O.Ms.No. 268. Dated: 12-9-2003
Letter C.No. 51/RPCC/2002 dated 7-6-2002 of the
Director General, Anti-Corruption Bureau, Andhra
Pradesh, Hyderabad.

ORDER: -
The following Notification will be published in Andhra
Pradesh Gazette, dated - 2003

NOTIFICATION
In exercise of the powers conferred by clause (s) of section
2 of the Code of Criminal Procedure, 1973 (Act 2 of 1974)
and in supersession of all posts of all previous orders on the
subject, the Governor of Andhra Pradesh hereby declares
that the offices of the Anti-Corruption Bureau specified in
the schedule shown below in column (2) shall be Police
Stations and that they shall include within their limits, the
areas specified in column (3) against each of the offices
and in exercise of the powers conferred under clause
(o) of section 2 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) declares that all Police Officers
of the Anti-Corruption Bureau, Andhra Pradesh, of and
746 [2026] 1 S.C.R.

Supreme Court Reports

above the rank of Deputy Superintendent of Police shall
be officer in charge of a Police Station, and in the absence
of such Police Officer from the Station House, or unable
from illness, or other cause to perform his duties, the
police Officer at the Station House, who is next in rank to
such officer i.e., Inspector of Police shall be the Officer in
charge of the Police Station.

11. Joint Director, State of Andhra
Pradesh
Central Investigating Unit,
A.C.B., Hyderabad

Upon understanding the definition clauses contained in Sections 2(s)
and 2(o) of the CrPC, 1973, the aforestated notification has been
passed. This notification contains two distinct parts. In exercise of
powers contained under Section 2(s) of the CrPC, 1973, the offices of
the Anti-Corruption Bureau, specified in the Schedule, as mentioned
in Column (2), have been declared as police stations. Therefore,
what has been declared is the office concerned. After undertaking
the said exercise, a further declaration has been made in exercise
of powers conferred under Section 2(o) of the CrPC, 1973, declaring
all police officers of the Anti-Corruption Bureau, Andhra Pradesh, of
and above the rank of Deputy Superintendent of Police, as in-charge
of the police station. The Government Order further facilitates the
other officers to exercise the said power, on a contingency, in tune
with the said provision. Further, vide Serial No. 11, the Office of the
Joint Director, Central Investigating Unit, A.C.B., Hyderabad was
declared as a police station, with jurisdiction over the entire State
of Andhra Pradesh. Suffice it is to state that this Government Order,
having the trappings of law, continues to govern the field.

THE ANDHRA PRADESH REORGANISATION ACT, 2014
6. Pursuant to a conscious decision, the Government of India enacted
the Andhra Pradesh Reorganisation Act, 2014 (hereinafter referred
to as the “2014 Act”), carving out a new State, namely, the State of
Telangana, through the bifurcation of the undivided State of Andhra
Pradesh on 01.03.2014. The Act came into force with effect from
the appointed date i.e., 02.06.2014. The following provisions would
be apposite to refer to:
[2026] 1 S.C.R. 747

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

Section 2(f) of the 2014 Act
“2. Definitions.—In this Act, unless the context otherwise
requires,—
***
(f) “law” includes any enactment, ordinance, regulation,
order, bye-law, rule, scheme, notification or other instrument
having, immediately before the appointed day, the force
of law in the whole or in any part of the existing State of
Andhra Pradesh;”

Section 100 of the 2014 Act
“100. Territorial extent of laws.—The provisions of
Part II shall not be deemed to have affected any change
in the territories to which the Andhra Pradesh Land
Reforms (Ceiling on Agricultural Holdings) Act, 1973
(Andhra Pradesh Act No. 1 of 1973) and any other
law in force immediately before the appointed day
extends or applies, and territorial references in any
such law to the State of Andhra Pradesh shall, until
otherwise provided by a competent Legislature or
other competent authority be construed as meaning
the territories within the existing State of Andhra
Pradesh before the appointed day.”
(emphasis supplied)

Section 101 of the 2014 Act
“101. Power to adapt laws.—For the purpose of facilitating
the application in relation to the State of Andhra Pradesh
or the State of Telangana of any law made before the
appointed day, the appropriate Government may, before
the expiration of two years from that day, by order, make
such adaptations and modifications of the law, whether
by way of repeal or amendment, as may be necessary
or expedient, and thereupon every such law shall have
effect subject to the adaptations and modifications so
made until altered, repealed or amended by a competent
Legislature or other competent authority.
748 [2026] 1 S.C.R.

Supreme Court Reports

Explanation.—In this section, the expression “appropriate
Government” means as respects any law relating to a matter
enumerated in the Union List, the Central Government,
and as respects any other law in its application to a State,
the State Government.”
(emphasis supplied)

Section 102 of the 2014 Act
“102. Power to construe laws.—Notwithstanding
that no provision or insufficient provision has been
made under section 102 for the adaptation of a law
made before the appointed day, any court, tribunal or
authority, required or empowered to enforce such law
may, for the purpose of facilitating its application in
relation to the State of Andhra Pradesh or the State of
Telangana, construe the law in such manner, without
affecting the substance, as may be necessary or proper
in regard to the matter before the court, tribunal or
authority.”
(emphasis supplied)

7. The definition of the term ‘law’, under Section 2(f) of the 2014 Act, is
an expansive one, as it includes any enactment, ordinance, regulation,
order, bye-law, rule, scheme, notification or other instrument having
the force of law, in existence. Thus, the term ‘law’ includes an order or
other instrument having the force of law, and therefore, brings within
its ambit a notification or a circular issued by a competent authority.
8. On a reading of Section 100 of the 2014 Act, one can see the objective
behind it. This is a transitional provision, making the application of
the existing law to the two States, conscious enough not to create
any legal vacuum. The abovesaid objective is also evident on a
reading of Sections 101 and 102 of the 2014 Act.
9. Section 101 of the 2014 Act mainly gives the option to the appropriate
Government of the State either to adapt, modify, repeal or amend
the existing law. Section 102 of the 2014 Act goes one step further
by facilitating the Courts and Tribunals to give effect to the existing
law, notwithstanding the lack of adoption of the erstwhile law.
[2026] 1 S.C.R. 749

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

10. The abovesaid provisions would make it clear that there is indeed
no requirement for any specific order of adoption, particularly for
the State of Andhra Pradesh. In other words, the State of Andhra
Pradesh continues to be the same State, as what has been done
is, by merely carving out some of its territories, a new State has
been created. In any case, Section 102 of the 2014 Act leaves no
room for any other interpretation, especially when it contains a non-
obstante clause, and facilitates the Tribunals and the Courts to follow
the existing law, even in the absence of any adoption. Hence, when
the Courts are expected to follow the existing law, it is axiomatic
that the mandate applies to the executive and every other authority.

Circular Memo No. 13665/SR/2014
11. To make the aforesaid position rather clear, a Circular was issued by
the Government of Andhra Pradesh, vide Circular Memo No.13665/
SR/2014 dated 26.05.2014, by taking note of the law, as laid down
by this Court, in State of Punjab and Others vs. Balbir Singh and
Others (1976) 3 SCC 242 and Commissioner of Commercial Taxes
Ranchi and Another vs. Swarn Rekha Cokes & Coals (P) Ltd. and
Others (2004) 6 SCC 689. The correct understanding of the 2014
Act, as reflected in the aforesaid Circular, is placed hereunder for
better appreciation.
GOVERNMENT OF ANDHRA PRADESH GENERAL
ADMINISTRATION (SR) DEPARTMENT
Circular Memo.No.13665/SR/2014. Dated: 26-5-2014
Sub: The Andhra Pradesh Reorganisation Act,2014 -
Formation of a new State to be known as the State of
Telangana – Application of ‘law’ in the States - Clarification -
Reg.
Ref: The Andhra Pradesh Reorganisation Act, 2014.
*******
In terms of section 3 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014), a new State to be
known as the State of Telangana comprising the territories
specified therein shall be formed on and from the appointed
day, and the appointed day has been notified as 2-6-2014.
750 [2026] 1 S.C.R.

Supreme Court Reports

2. In this connection, it is stated that “law” as defined in
section 2(f) of the Act is as follows:-
“(f) ‘law’ includes any enactment, ordinance, regulation,
order, bye-law, rule, scheme, notification or other Instrument
having, immediately before the appointed day, the force
of law in the whole or in any part of the existing State of
Andhra Pradesh.”
3. In so far as the territorial extent of laws, power to adapt
laws and power to construe laws are concerned the relevant
provisions under the Act are as in sections 100, 101 and
102, which are as follows:-
“100. The provisions of Part II shall not be deemed
to have affected any change in the territories to
which the Andhra Pradesh Land Reforms (Celling
on Agricultural Holdings) Act, 1973 and any other
law in force immediately before the appointed day
extends or applies, and territorial references in any
such law to the State of Andhra Pradesh shall, until
otherwise provided by a competent Legislature or
other competent authority be construed as meaning
the territories within the existing State of Andhra
Pradesh before the appointed day.
101. For the purpose of facilitating the application
in relation to the State of Andhra Pradesh or the
State of Telangana of any law made before the
appointed day, the appropriate Government may,
before the expiration of two years from that day, by
order, make such adaptations and modifications of
the law, whether by way of repeal or amendment, as
may be necessary or expedient, and thereupon every
such law shall have effect subject to the adaptations
and modifications so made until altered, repealed
or amended by a competent Legislature or other
competent authority.
Explanation:- In this section, the expression
“appropriate Government” means as respects any
law relating to matter enumerated in the Union List,
[2026] 1 S.C.R. 751

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

the Central Government, and as respects any other
law in its application to a State, the State Government.
102. Notwithstanding that no provision or insufficient
provision has been made under section 102 for the
adaptation of a law made before the appointed day,
any court, tribunal or authority, required or empowered
to enforce such law may, for the purpose of facilitating
its application in relation to the State of Andhra
Pradesh or the State of Telangana, construe the law
in such manner, without affecting the substance, as
may be necessary or proper in regard to the matter
before the court, tribunal or authority.”
4. In this connection, it is stated that in State of Punjab and
others Vs Balbir Singh and others [(1976) 3 SCC 242: AIR
1977 SC 629], the Hon’ble Supreme Court of India inter
alia held that when there is no change of sovereignty and
it is merely an adjustment of territories by reorganization
of a particular State, the administrative orders made by
the Government of erstwhile State continue to be in force
and effective and binding on the successor States until
and unless they are modified, changed or repudiated by
the Governments of the successor States. It has also been
observed that no other view is possible to be taken, as
that will merely bring about chaos in the administration
of new States.
5. The Hon’ble Supreme Court of India in the Commissioner
of Commercial Tax Ranchi and another Vs Swarn Rekha
Cokes & Coals Private Limited and others, reported
in (2004) 5 SCALE 596, while interpreting the true
meaning and import of sections 84 and 85 of the Bihar
Reorganisation Act, 2000 (which are on the identical lines
of sections 100 and 101 of the A.P. Reorganisation Act,
2014), inter alia held that the language in these sections
is clear and unambiguous. These sections provide that
the laws which were applicable to the undivided State of
Bihar would continue to apply to the new States created
by the Act. The laws that operated continue to operate
notwithstanding the bifurcation of the erstwhile State of
752 [2026] 1 S.C.R.

Supreme Court Reports

Bihar and creation of the new State of Jharkhand. They
continue in force until and unless altered, repealed or
amended.
6. In view of the above, it is clarified that—
(i) all the laws, which were applicable to the undivided
State of Andhra Pradesh, as on 1-6-2014, would continue
to apply to the new States i.e., State of Telangana and
State of Andhra Pradesh created by the Central Act, with
effect from 2-6-2014 notwithstanding the bifurcation of the
erstwhile State of Andhra Pradesh;
(ii) to facilitate their application in respect of the State
of Telangana and the State of Andhra Pradesh, the
appropriate Government may, before the expiration of two
years from 2-6-2014, by order, make such adaptations
and modifications of the law, whether by way of repeal
or amendment, as may be necessary or expedient; and
thereupon,
(iii) every such law as adapted or modified as above, will
continue till such time it is altered, repealed or amended
by a competent Legislature or other competent authority,
in the respective States.

Circular Memo No.25735/GPM&AR/2015
12. The Circular referred to above, issued by way of a clarification,
was followed by another one, vide Circular Memo No.25735/
GPM&AR/2015 dated 01.12.2015, meant for administrative purposes
relating to the shifting of the Secretariat, which is as follows:
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (GPM&AR)
DEPARTMENT
Circular Memo No. 25735/GPM&AR/2015. Dated.
01.12.2015
Sub: Shifting of Secretariat, Heads of Departments to New
Capital Region - Instructions – Reg.
@@@
[2026] 1 S.C.R. 753

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

All the Departments of Secretariat, Heads of Departments
are hereby informed that Secretariat and HODs will function
from the New Capital Region from 1st June, 2016. All the
Department of Secretariat and Heads of Departments are
requested to plan and arrange for shifting to the New Capital
Region before 1st June, 2016. They are also requested to
issue instructions to all the employees and officers working
in their respective department under their administrative
control that the offices will function from the New Capital
Region from 1st June, 2016 onwards.

Circular Memo. No. 53023/6/GPM&AR/2016-9
13. The said Circular was followed by a subsequent Circular dated
24.05.2016. The same reads as follows:
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (GPM&AR)
DEPARTMENT
***
Circular Memo. No. 53023/6/GPM&AR/2016-9. Dated.
24/05/2016
Sub: GPM&AR — Shifting of HoDs and other Institutions
to the new Capital Region – Instructions—Issued.
***
It has been decided by the Government to move all the
Heads of Departments and other Government Institutions
like Societies, Non-Statutory Authorities, Institutions other
than listed in IX and X Schedules of A.P. Re-organisation
Act on or before 27th June 2016 to the new Capital region
and in and around Vijayawada and Guntur cities.
2. All the Heads of Departments shall first explore the
possibility of locating their Offices in any of the Government
building owned by the Department in the new capital
region. If there is no suitable Government building available
with the Department, they are requested to approach
the District Collector, Krishna/ Guntur and obtain private
accommodation details available with him. They may select
754 [2026] 1 S.C.R.

Supreme Court Reports

the premises and fix the rent for the private building. The
Dist. Collectors, Krishna and Guntur will provide necessary
support and guidance in this regard.
3. The Dist. Collector, Krishna has identified a total
number of 85 buildings with a plinth area of 16,98,231 sft
with ample parking place of 2,34,000 SFT in and around
Vijayawada which are now available for ready occupation.
Similarly the Dist. Collector, Guntur also identified 4 private
accommodation in and around Guntur city roughly about
1,50,000 SFT for accommodating the Govt. Offices. (The
particulars of the building along with the photograph has
been scanned and any of the Head of the Departments
desires to have the soft copy can send a mail request to
splcsgad@ap.gov.in).
4. After identification of suitable building, the Department
should enter into a lease agreement for a period about 3
years. If the department is constructing any building, lease
period can be of shorter duration considering with building
completion date. After the building is taken on lease, Heads
of Department should move along with the existing office
furniture and office equipment available in Hyderabad
Office and start functioning from the new premises at the
new capital region. The entire shifting exercise should be
completed before 27th June, 2016 and ensure that the
functioning of the offices from the New Capital Region
shall be commenced from 27.06.2016.
5. All the Departments of Secretariat / HoDs are
requested to issue suitable instructions to the Government
instrumentalities working under their control immediately.
6. This copy of the circular instructions is also available
on internet and can be accessed at www.ap.gov.in.

C.No.3/A3/2014-16 dated 17.10.2016
14. After receipt of the said Circular, the Director General of the
Anti-Corruption Bureau sent a communication intimating the due
compliance made, vide letter dated 17.10.2016.
[2026] 1 S.C.R. 755

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

GOVERNMENT OF ANDHRA PRADESH
ANTI-CORRUPTION BUREAU

From, To,
The Director General The Chief Secretary to Govt.
Anti-corruption Bureau, General Admn. (SC F) Dept.
2 Floor, NTR Admn. Block, A P, Secretariat, Velagapudi,
nd

Pandit Nehru Bus Station. Amaravathi
Vijayawada - 520012

C.No.3/A3/2014-16, dated 17-10-2016.
Sir,
Sub:- Anti-Corruption Bureau - Shifting of Office to
Vijayawada information-Regarding
Ref:- Circular Memo in No. 53023/6/GPM&AR/2016-9,
dated 24-05-2016 of Genl. Admn. (GPM&AR) Department.
...
It is to inform you that as per the orders issued by the
Government vide reference cited, the Anti-Corruption
Bureau has been shifted from Hyderabad to Vijayawada.
Hence, all DO letters, Confidential letters and official
letters intended to me may be sent in my name cover to
the following address.

Address : The Director General,
Anti-Corruption Bureau,
2nd Floor, NTR Admn. Block,
Pandit Nehru Bus Station.
Vijayawada - 520002

15. In the meanwhile, a spate of FIRs have been registered at the office
of the Anti-Corruption Bureau, Central Investigation Unit, Andhra
Pradesh, Vijayawada Police Station, between the years 2016 and
2020, for offences punishable under the PC Act. All these FIRs have
been challenged by the persons arrayed as accused, respondent(s)
herein, primarily on the ground that the Anti-Corruption Bureau,
756 [2026] 1 S.C.R.

Supreme Court Reports

Central Investigation Unit, Andhra Pradesh, Vijayawada Police
Station, is not notified as a police station under Section 2(s) of the
CrPC, 1973 and, therefore, lacks jurisdiction to register the FIRs.

GO.Ms. No. 137, Home (Services-III) Department dated 14.09.2022
16. During the pendency of the proceedings before the High Court of
Andhra Pradesh, a clarification was issued by the Government
of Andhra Pradesh, vide GO.Ms. No. 137, Home (Services-III)
Department dated 14.09.2022, which states as follows:

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Anti-Corruption Bureau, Andhra Pradesh - Declaration
of Office of Joint Director, Central Investigation Unit,
Anti-Corruption Bureau, Andhra Pradesh, Vijayawada as
Police Station with jurisdiction over entire State of Andhra
Pradesh - Clarification – Notification-Order-Issued
------------------------------------------------------------------------------
HOME (SERVICES-III) DEPARTMENT
G.O.Ms.No.137 Dated. 14-09-2022
Read the following :
1. G.O.Ms.No.268, Home (PSC) Department, dated
12.9.2003.
2. From the Director General, Anti-Corruption Bureau,
А.P., Vijayawada, Letter Rc. No.43/RPC(C)/2022 dated:
07.06.2022.
-:0:-

ORDER:
In the G.O. first read above, declared and notified the
Office of the Director General, Anti-Corruption Bureau,
Andhra Pradesh, Hyderabad, as Police Station having
jurisdiction to the combined State of Andhra Pradesh
and also Office of the Joint Director, Central Investigation
Unit, Anti-Corruption Bureau, Hyderabad was notified as
[2026] 1 S.C.R. 757

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

Police Station with jurisdiction over the entire State of the
Andhra Pradesh. Pursuant to section 101 of the A.P. Re-
organisation Act, 2014 (Act No. 6 of 2014), corresponding
notification notifying the Office of the Joint Director, Central
Investigation Unit, Anti-Corruption Bureau, Vijayawada, as
the Police Station having jurisdiction to the residual State of
Andhra Pradesh has not been issued specifically. However,
specific challenges have been taking place, to absence
of such notification in relation to the Office of the Joint
Director, Central Investigation Unit, Anti-Corruption Bureau,
Vijayawada as counterpart to Joint Director, Central
Investigation Unit, Anti-Corruption Bureau, Hyderabad, in
relation to the State of Andhra Pradesh and the matters
are pending in Court. In order to impart clarity to the
subject matter, the Government hereby have clarified that
the Office of the Joint Director, Central Investigation Unit,
Anti-Corruption Bureau, Andhra Pradesh, Vijayawada, shall
be construed as a Police Station with jurisdiction extending
to the entire State of Andhra Pradesh, corresponding
to the Office of the Joint Director, Central Investigation
Unit, Anti-Corruption Bureau, Hyderabad in relation to the
State of Telangana, even though Section 102 of the AP
Re-Organisation Act, 2014 specifically provides for such
consequences.
2. Accordingly, the following Notification will be published
in the extraordinary issue of the Andhra Pradesh Gazette,
dated. 14-09-2022.

NOTIFICATION
In exercise of the powers conferred by Clause (s) of
section 2 of the Code of Criminal Procedure, 1973
(Act 2 of 1974) and in partial modification of the earlier
orders in respect of declaration of Police Stations of the
Central Investigation Unit, Anti-Corruption Bureau, Andhra
Pradesh, the Governor of Andhra Pradesh hereby declares
that the Office of the Joint Director, Central Investigation
Unit, Anti-Corruption Bureau, Andhra Pradesh, Vijayawada,
specified in the schedule shown below in column (2) shall
758 [2026] 1 S.C.R.

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be Police Station and that it shall include within the limits,
the areas specified in column (3) against the office and
in exercise of the powers conferred under Clause (o) of
section 2 of the Code of Criminal Procedure, 1973 (Act
2 of 1974) declares that the Office of the Joint Director,
Central Investigation Unit, Anti-Corruption Bureau, Andhra
Pradesh, Vijayawada in the rank of Superintendent of Police
shall be the officer in charge of the Police Station, and in the
absence of such Police Officer from the Station House, or
unable due to illness, or other cause to perform his duties,
the Police Officer at the Station House, who is the next
in rank to such officer i.e., Additional Superintendent of
Police, Deputy Superintendent of Police and Inspector of
Police shall be the Officer in charge of the Police station.

THE SCHEDULE

Sl. No Name of the Office Jurisdiction
1 2 3
1. Joint Director, Central State of Andhra
Investigation Unit, Pradesh
Anti-Corruption Bureau,
Andhra Pradesh,
Vijayawada.

17. Before the High Court, the respondents herein contended that, in
the absence of a notification under Section 2(s) of the CrPC, 1973,
the registration of the FIRs would be one without jurisdiction and,
therefore, liable to be quashed. Incidentally, other contentions have
also been raised. On the contrary, the appellants herein placed
heavy reliance upon the various Government Orders and Circulars,
referred to above. By the impugned judgment, the High Court was
pleased to hold that, in the absence of a notification under Section
2(s) of the CrPC, 1973, the police station, to which the police officers
who registered the FIRs belong to, do not have any jurisdiction to
register the same. It was, therefore, held that there has to be a
declaration under Section 2(s) of the CrPC, 1973, published by way
of a notification in the Official Gazette, declaring a police station.
It was further held that the Government Order, passed in GO.Ms.
[2026] 1 S.C.R. 759

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

No. 137, Home (Services-III) Department dated 14.09.2022, will not
have any retrospective application. Accordingly, all the registered
FIRs have been quashed, without even indicating which forum would
otherwise have the jurisdiction.

SUBMISSIONS MADE ON BEHALF OF THE APPELLANTS:
18. The learned Senior Counsel, Mr. Sidharth Luthra and Mr. Siddharth
Aggarwal, appearing for the appellants, made the following
submissions:
• In view of the mandate of the 2014 Act, with specific reference
to Sections 101 and 102 the 2014 Act, the approach of the High
Court cannot be sustained in the eye of the law. The Government
Order, passed in G.O.Ms. No. 268, dated 12.09.2003, is a law
which is binding on the parties. After the advent of the 2014
Act, it cannot be contended that the Joint Director, Central
Investigating Unit, A.C.B, Hyderabad would continue to have
jurisdiction. Perhaps, he will have jurisdiction qua the State
of Telangana. In other words, one has to see the ‘post’, as
defined in Section 2(s) of the CrPC, 1973. Even prior to the
reorganisation, the jurisdiction, of the said office, extended to
the entire undivided State of Andhra Pradesh. Subsequent to
the reorganisation, it should be deemed that the office, which
stood relocated to the new capital, continues to have jurisdiction
over the entire State.
• The High Court has not adopted a pragmatic approach, while
ignoring the earlier decisions of this Court.
• Reliance has been placed on the following decisions, including
the latest one, which has already dealt with the reorganisation
of the State of Andhra Pradesh, though on a different issue:
1. State of Punjab and Others vs. Balbir Singh and Others
(1976) 3 SCC 242.
2. Commissioner of Commercial Taxes Ranchi and Another vs.
Swarn Rekha Cokes & Coals (P) Ltd. and Others, (2004)
6 SCC 689.
3. Ranjan Sinha and Another vs. Ajay Kumar Vishwakarma
and Others, (2017) 14 SCC 774.
760 [2026] 1 S.C.R.

Supreme Court Reports

4. State of Madhya Pradesh and Others vs. Lafarge Dealers
Association and Others, (2019) 7 SCC 584.
5. State, Central Bureau of Investigation vs A. Satish Kumar
And Others, AIR 2025 SUPREME COURT 913.

SUBMISSIONS ON BEHALF OF THE RESPONDENTS
19. Learned Senior Counsel, appearing on behalf of the respondents,
would submit that there has to be a notification, either general or
specific. The State was aware of the necessity of the notification
under Section 2(s) of the CrPC, 1973. The decision rendered in Swarn
Rekha Cokes & Coals (P) Ltd. (supra) will not have an application to
the facts of the present case, particularly when the same has been
subsequently overruled. The State itself has understood the lacunae,
and that is the reason why it has come out with the subsequent
Government Order in 2022, followed by a notification, during the
pendency of the criminal petitions before the High Court.
20. Insofar as the Crime Investigation Department is concerned,
appropriate orders have been passed by way of two Government
Orders, being G.O.Ms No. 129 dated 02.08.2017 and G.O.Ms
No. 8 dated 09.01.2019, specifically notifying new police stations,
which indicate that the State of Andhra Pradesh was aware of the
necessity of a notification under Section 2(s) of the CrPC, 1973. As
the High Court has rightly interpreted the law, the appeals deserve
to be dismissed.

DISCUSSION
21. The issue before us lies in a very narrow compass. We are dealing
with a set of cases where, the FIRs registered, for offences punishable
under the PC Act, have been quashed, which left the investigation(s)
being nipped in the bud in some cases, while, in the others, criminal
proceedings stood terminated. The High Court has undertaken the
said exercise, solely on the issue of jurisdiction of the police station
which registered the FIRs.
22. In our considered view, the approach of the High Court is nothing
but a travesty of justice. If, on a hyper-technical ground, the FIRs
are quashed, the High Court is duty-bound to lay down the law with
respect to the jurisdiction that otherwise exists. We have already
[2026] 1 S.C.R. 761

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

discussed the scope and ambit of the relevant provisions contained
in the CrPC, 1973, and the 2014 Act, which was followed by a series
of Government Orders and Circulars.
23. In fact, in our considered view, the High Court has completely
misdirected itself while interpreting the law, including the principles
laid down by this Court in Swarn Rekha Cokes & Coals (P). Ltd.
(supra). Though this decision has been overruled, paragraphs 26
to 28, contained thereunder, have been affirmed by the subsequent
decision of this Court in the case of State of Madhya Pradesh and
Others (supra).
24. The reasoning of the High Court, that a declaration by way of
a notification has to be published in the Official Gazette for due
compliance of Section 2(s) of the CrPC, 1973, is, to say the least,
unacceptable. One has to see the substance and due compliance,
in spirit. Similarly, the finding, that the subsequent clarificatory
Government Order of 2022 will not have an effect on the FIRs
registered, is totally untenable and against the basic canons of law.
In our considered view, the High Court took undue pains to ensure
that the FIRs are quashed. When a Government Order is issued
by way of a clarification, there is no question of any retrospective
application. In fact, the said Government Order merely quotes the
various provisions of the 2014 Act in order to make the position
abundantly clear. As a consequence, we are dealing with a situation
where years have lapsed without further progress on the registered
FIRs.
25. As judgments have been relied upon, in support of the respective
contentions, we would like to deal with them.

Commissioner of Commercial Taxes, Ranchi and Another vs.
Swarn Rekha Cokes And Coals (P) Ltd. and Others (2004) 6
SCC 689
“26. The question then arises, as to what is the true
meaning and import of Sections 84 and 85 of the Act?
27. We have earlier reproduced Sections 84 and 85 of the
Act. As earlier noticed, Sections 3 to 6, which form part of
Part II of the Act provide for the formation of new States
to be known as the State of Jharkhand and the State of
Bihar. The territories specified in Section 3 constitute the
762 [2026] 1 S.C.R.

Supreme Court Reports

new State of Jharkhand and the remaining territories fall
within the territory of the State of Bihar. However, Section
84 in express terms, provides that the provisions of Part Il
shall not be deemed to have effected any change in the
territories to which any law in force immediately before
the appointed day extended or applied and the territorial
references in any such law to the State of Bihar shall,
until otherwise provided by a competent legislature or
other competent authority, be construed as meaning the
territories within the existing State of Bihar before the
appointed day. Section 85 provides that for the purpose of
facilitating the application in relation to the State of Bihar
or Jharkhand of any law made before the appointed day,
the appropriate Government may, before the expiration of
two years from that day, by order, make such adaptations
and modifications of the law, whether by way of repeal
or amendment, as may be necessary or expedient, and
thereupon every such law shall have effect subject to
the adaptations and modifications so made until altered,
repealed or amended by a competent legislature or other
competent authority. The language in these sections
is clear and unambiguous. These sections provide
that the laws which were applicable to the undivided
State of Bihar would continue to apply to the new
States created by the Act. The laws that operated
continue to operate notwithstanding the bifurcation
of the erstwhile State of Bihar and creation of the new
State of Jharkhand. They continue in force until and
unless altered, repealed or amended. It is not disputed
before us and indeed it cannot be disputed in view of the
wide definition given to “law” in Section 2(f) of the Act that
the notification issued under Section 7(3)(b) of the Bihar
Finance Act, 1981 is law within the meaning of Sections
84 and 85 of the Act. Thus, the notification published in the
Bihar Gazette on 22-12-1995 bearing SO No. 478 continues
to operate in the State of Jharkhand till such time as it
is altered, repealed or amended. By virtue of Section 84,
the territorial references in any such law (which includes
the notification in question), to the State of Bihar shall be
construed as meaning the territories within the existing
[2026] 1 S.C.R. 763

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

State of Bihar before the appointed day, until otherwise
provided by a competent legislature or other competent
authority. A conjoint reading of both these provisions makes
it abundantly clear that the territorial references in any law
in force immediately before the appointed day must be
construed as meaning the territories within the existing
State of Bihar before the appointed day. To facilitate their
application in respect of the State of Bihar or Jharkhand,
the appropriate Government may, before the expiration of
two years from that day, by order, make such adaptations
and modifications of the law as it may consider necessary
or expedient by way of repeal or amendment. Till such
law is so repealed or amended in accordance with law,
it shall have effect. After their amendment or alteration,
they shall have effect subject to the adaptations and
modifications made. We, therefore, find no difficulty in
holding that the notification of the Government of Bihar
issued under Section 7(3)(b) of the Bihar Finance Act,
1981 and published in the gazette on 22-12-1995 being
SO No. 478, is law as defined by Section 2(f) of the Act.
The said notification holds the field and applies to all the
territories which comprised the undivided State of Bihar.
The States of Bihar and Jharkhand have been vested with
power to make such adaptations and modifications of the
law as they may consider necessary or expedient. This
they can do by issuance of order before the expiration of
two years from the appointed day. After the adaptations
and modifications of the law, the law shall have effect
as so modified or adapted till such time as a competent
legislature or other competent authority further alters,
repeals or amends such law.
28. This is not the first time that a provision such as Section
84 of the Act has come up for interpretation by this Court.
Section 88 of the Punjab Reorganisation Act, 1966 is also
identically worded as Section 84 of the Act. That provision
came up for consideration before this Court in at least
three decisions which have been brought to our notice,
namely, State of Punjab v. Balbir Singh (1976) 3 SCC 242,
Sher Singh v. Financial Commr. of Planning (1987) 2 SCC
764 [2026] 1 S.C.R.

Supreme Court Reports

439 and Dhayanand v. Union of India (1996) 7 SCC 47.
In the first of these cases i.e. in State of Punjab v. Balbir
Singh (1976) 3 SCC 242 this Court was concerned with
an administrative order and not a law with which we are
concerned in the instant case. Section 88 of the Punjab
Reorganisation Act was noticed as also the definition of
law under Section 2(g) of that Act. Section 2(g) of that Act
did not define law as widely as it has been defined under
Section 2(f) of the Act. This Court agreed with the High
Court that the impugned administrative orders in question
were not law within the meaning of Section 2(g) of that Act
and hence, were not saved by Section 88. However, this
Court held that when there is no change of sovereignty and
it is merely an adjustment of territories by reorganisation
of a particular State, the administrative orders made by
the Government of the erstwhile State continue to be in
force and effective and binding on the successor States
until and unless they are modified, changed or repudiated
by the Governments of the successor States. This Court
observed that no other view is possible to be taken as
that will merely bring about chaos in the administration
of the new States. Their Lordships found no principle
in support of the stand that administrative orders made
by the Government of the erstwhile State automatically
lapsed and were rendered ineffective on the coming into
existence of the new successor States. Their Lordships
further distinguished a case where there was no change
of sovereignty and there was merely an adjustment of
territories by the reorganisation of a particular State, from
a case of absorption of one State in another by accession,
conquest, merger or integration. The same view was taken
by this Court in the other two judgments referred to earlier.
We are of the view that the principles laid down in Balbir
Singh case (1976) 3 SCC 242 fully apply to the facts of
this case having regard to the identical legislative provision
and, particularly so when the notification in question is by
definition law and not a mere administrative order.”
(emphasis supplied)
[2026] 1 S.C.R. 765

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

The law, laid down by this Court, as aforestated, would leave no
room for any doubt that, by no stretch of imagination, the impugned
judgment can be sustained.

State of Madhya Pradesh and others vs. Lafarge Dealers Assn.
and others (2019) 7 SCC 584
“27. We have quoted the relevant portions of the
judgment in Swarn Rekha Cokes and Coals (P) Ltd.
(2004) 6 SCC 689 and have no difficulty in agreeing
to the dictum as enunciated in paras 26, 27 and 28,
but find it difficult to agree with the ratio recorded in
para 29. The effect of Sections 84 and 85 of the Bihar
Reorganisation Act, 2000 was to ensure continuity
of laws enacted by the unified State of Bihar in the
new State of Jharkhand which had been created by
transfer of territories which earlier formed part of the
State of Bihar. These sections incorporating a deeming
fiction were to ensure that the new State of Jharkhand
would continue to be governed by the pre-existing
laws as, otherwise, there would be a disorderly and
chaotic situation where the new State would not be
governed by any law. This is the true effect of the legal
fiction created by Section 84 of the Bihar Reorganisation
Act, 2000 i.e. the reorganisation of the State would not
affect the applicability of the existing laws in the State to
all territories included within it before and even after the
reorganisation. The said fiction does not postulate and
cannot be extended to imagine that for the purpose of sale
transactions or even for other purposes, the new State
did not have any political and constitutional existence as
a separate State and that till a new law was enacted, the
two States were to be treated as one political State as it
was before the reorganisation. The sale transactions which
were hitherto intra-State sales being within the unified State
of Bihar, would become inter-State transactions once the
two new States had come into existence. The provisions
do not stipulate that such transactions would continue
to be treated as intra-State transactions notwithstanding
creation of the new State.”
(emphasis supplied)
766 [2026] 1 S.C.R.

Supreme Court Reports

Thus, this Court has, in fact, approved the earlier decision in Swarn
Rekha Cokes and Coals (P) Ltd. (supra) with respect to the law as
laid down in paragraphs 26 to 28.

State, Central Bureau of Investigation v. A. Satish Kumar And
Others AIR 2025 SUPREME COURT 913
“15. Having gone through the reasons that made the High
Court to come to such conclusions as mentioned and to
quash the subject FIRs and the subsequent proceedings
thereon, we will consider the contentions raised to mount
attack against the same. As noted hereinbefore, the core
contention of the appellant is that the High Court had
failed to consider Circular Memo No. 13665/SR/2014
dated 26.05.2014 and its true import. Indeed, the said
circular was issued in terms of Section 3 of the A.P.
Reorganisation Act. Para 2 of the said circular reads
thus:-
“2. In this connection, it is stated that “law” as defined
in section 2(f) of the Act is as follows:-
(f) ‘law’ includes any enactment, ordinance,
regulation, order, bye-law, rule, scheme, notification
or other instrument having, immediately before
the appointed day, the force of law in the whole
or in any part of the existing State of Andhra
Pradesh”
16. Clauses (i) to (iii) of Paragraph 6 of the said circular
are also relevant in the circumstances and they read
thus:
“(i) all the laws, which were applicable to the undivided
State of Andhra Pradesh, as on 1-6-2014, would
continue to apply to the new States i.e., State of
Telangana and State of Andhra Pradesh created Dy the
Central Act, with effect from 2-6-2014 notwithstanding
the bifurcation of the erstwhile Pradesh;
(ii) to facilitate their application in respect of the State
of Telangana and the State of Andhra Pradesh, the
appropriate Government may, before the expiration
[2026] 1 S.C.R. 767

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

of two years from 2-6-2014, by order, make such
adaptions and modifications of the law, whether by
way of repeal or amendment, as may be necessary or
expedient, and thereupon,
(iii) every such law as adapted or modified as above,
will continue till such time it altered, repealed or
amended by a competent Legislature or other
competent authority, in the respective State.”
***
21.…In view of the impact of para 2(f) and clauses
(i) to (ii) under para 6 such notification or circulars
which were in force prior to the bifurcation or modified
subsequently, in the absence of repeal or amendment
as relates the subject matter involved thereunder within
the limits of State of Telangana should be presumed
to exist within the limits of State of Telangana and
therefore, the finding of the High Court all such ‘laws’
pertain only to the State of Andhra Pradesh cannot be
the correct law and the legal fiction should be that such
laws would be in force in the new State unless altered
or repealed or amended by it, in accordance with law.
If in the light of the aforesaid Govt. orders especially
dated 26.05.2014, the position is not construed in
the said manner it will create only lawlessness or in
other words a total vacuum in the subject matter(s) in
which event persons could engage in such offences
with impunity to certain extent. There cannot be any
doubt that virtually it is to avoid such a situation that
the aforementioned Government orders were issued
and, therefore, any contra-construction 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
768 [2026] 1 S.C.R.

Supreme Court Reports

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 26.05.2014 all
“laws” applicable to the undivided State of Andhra
Pradesh on 01.06.2014 would continue to apply to the
new States, namely, the State of Telangana and the
State of Andhra Pradesh despite the bifurcation of the
erstwhile State of Andhra Pradesh till such time they
were altered, repealed or amended.”
(emphasis supplied)

26. This Court took the earlier judgments into consideration and, in fact,
dealt with the very same 2014 Act and held that the legal fiction should
be so that the existing laws, prior to bifurcation, would continue to be
in force in both the States, unless altered, repealed or amended in
accordance with law. Any construction to the contrary would defeat
the very intent and purpose of the Government Orders, which were
given the status of ‘law,’ vide Circular dated 26.05.2014.
27. Accordingly, we have no hesitation in setting aside the impugned
judgment. Consciously, we are not going into the other issues, as,
primarily, we are dealing with the impugned judgment before us.
However, we make it clear that the High Court of Andhra Pradesh
shall entertain no more challenge to the FIRs.
28. We have been informed that in some cases, the charge-sheets
have already been filed. Hence, we give liberty to the respondents
herein, to challenge the charge sheets, which have already been
filed and those which are yet to be filed, on other grounds, if so
[2026] 1 S.C.R. 769

The Joint Director (Rayalaseema), Anti-Corruption Bureau,
A.P. & Anr. Etc. v. Dayam Peda Ranga Rao Etc.

warranted. Liberty is also given to them to raise all the contentions,
other than the one being decided by us, only after the conclusion
of the investigation.
29. We further make it clear that in those cases where the investigation is
still pending, the appellant(s) shall not take any coercive action, while
the respondents herein are expected to lend their due cooperation.

CONCLUSION:
1. In conclusion, the impugned judgment stands set aside and
the appeals stand allowed.
2. The appellant(s) are at liberty to proceed with the investigation.
3. The final reports are to be filed within a period of six months
from the date of receipt of a copy of this judgment.
4. The appellant(s) shall not take any coercive steps by way of
arresting the respondents herein.
5. The respondents herein shall co-operate with the expeditious
conclusion of the investigation.
6. The High Court shall not entertain any more challenge to the
FIRs or the pending investigation.
7. Liberty is granted to the respondents herein to raise all the
other issues, other than the one decided by us, only after the
conclusion of the investigation.
8. The impleading application, being CRL. M.P. No. 245004 of
2025, is allowed.
9. Pending application(s), if any, shall stand disposed of.

Result of the case: Appeals allowed.

†
Headnotes prepared by: Ankit Gyan