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2026 Supreme(SC) 32

M. M. SUNDRESH, SATISH CHANDRA SHARMA
Joint Director (Rayalaseema), Anti-Corruption Bureau, A. P. – Appellant
Versus
Dayam Peda Ranga Rao Etc. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sidharth Luthra, Sr. Adv. Mr. Siddharth Aggarwal, Sr. Adv. Ms. Prerna Singh, Adv. Mr. Guntur Pramod Kumar, AOR Ms. Rajni Gupta, Adv. Mr. Vishwajeet Singh, Adv. Mr. Karl P Rustomkhan, Adv. Mr. Parv Arora, Adv.
For the Respondent(s): Mr. Veerla Satheesh Kumar, Adv. Mr. V Elangovan, Adv. Ms. Anu Gupta, AOR Mr. Sriram P., AOR Mr. Bhushan Mahendra Oza, AOR Ms. Nidhi Mittal, AOR Mr. Suresh Babu, Adv. Mr. Navin Suresh, Adv. Mr. C. K. Sasi, AOR Dr. Kk Geetha, Adv. Ms. Meena K Poulose, Adv. Mr. Suresh Babu, Adv. Mr. Navin Suresh, Adv. Mr. C. K. Sasi, AOR Dr. Kk Geetha, Adv. Ms. Meena K Poulose, Adv.

Judgement Key Points

Based on the provided legal document, the key points for constructing argument notes are as follows:

  1. Jurisdiction of Police Stations and FIR Validity:
  2. The definition of a police station under the law is both exhaustive and inclusive, encompassing any post or place declared as such by the State Government, including local areas (!) (!) .
  3. A police station can be constituted by a physical post or place, and a declaration by the government is necessary to establish jurisdiction (!) .
  4. The registration of FIRs must be supported by a valid notification under the relevant law, failing which, the FIRs could be considered without jurisdiction and liable to be quashed (!) .

  5. Effect of Government Orders and Circulars:

  6. Government Orders (GOs) and Circulars issued under the relevant laws (such as the CrPC and the reorganization statutes) are considered to have the force of law, especially when defined within the scope of ‘law’ in the statutes (!) (!) .
  7. Clarificatory GOs issued subsequently, including those that declare specific offices as police stations with jurisdiction over entire states, have a retrospective or ongoing effect unless explicitly stated otherwise (!) (!) .
  8. The issuance of such orders, especially when supported by the definition of ‘law,’ can establish jurisdiction for FIR registration and subsequent investigation (!) (!) .

  9. Impact of State Reorganization:

  10. The bifurcation of the State and the enactment of the relevant Reorganization Act do not automatically nullify existing laws or notifications unless explicitly repealed or amended (!) (!) .
  11. Provisions in the Reorganization Act facilitate the continuation of laws and notifications from the undivided State until they are specifically altered or repealed by the successor states’ legislatures (!) (!) .
  12. Circulars issued under the Reorganization Act, which interpret the scope of ‘law’ to include notifications and orders, imply that offices declared as police stations continue to have jurisdiction unless legally revoked or replaced (!) (!) .

  13. Practical and Legal Approach:

  14. The courts should interpret the existence of notifications and orders in their substance and spirit, rather than solely relying on formal publication in the Gazette, especially when such orders are issued in the context of state reorganization and law continuity (!) (!) .
  15. The failure to issue or recognize a specific notification under Section 2(s) of the CrPC does not necessarily negate jurisdiction if there is a valid order or circular supporting the office’s status as a police station (!) (!) .

  16. Consequences for FIRs and Investigations:

  17. FIRs registered without proper notification or declaration of jurisdiction may be quashed, but the authorities are entitled to proceed with investigations if jurisdiction is established through valid government orders or circulars (!) (!) .
  18. The courts should avoid hyper-technical dismissals that hinder justice and should instead interpret the law and supporting government orders to uphold the validity of FIRs and investigations (!) (!) .

  19. Final Directions:

  20. The courts should recognize the continued validity of notifications and circulars that declare offices as police stations, especially in the context of state reorganization, unless explicitly revoked.
  21. Investigations can proceed, and final reports should be filed within the prescribed period, with no coercive steps such as arrests to be taken pending further proceedings (!) (!) .

These points collectively form the basis for argument notes emphasizing that jurisdiction and the validity of FIRs depend on the proper issuance and recognition of government orders and notifications, which, in this case, support the continuation of jurisdiction for the offices declared as police stations, despite the absence of a formal Gazette notification at certain points.


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 o

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Judicial Analysis

None of the cases listed explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. There are no phrases such as "overruled," "reversed," "criticized," or "abrogated" in the provided summaries. Therefore, based solely on the available information, no case is identified as bad law.

Followed/Uncertain Treatment:

STATE OF MADHYA PRADESH VS LAFARGE DEALERS ASSOCIATION - 2019 0 Supreme(SC) 729: The case discusses legal interpretation concerning interstate movement of goods and emphasizes interpreting laws based on substance, purpose, and objectives. There is no indication that this case has been overruled or criticized; it appears to be a foundational or supportive decision that may be followed in subsequent cases.

State, Central Bureau of Investigation VS A. Satish Kumar - 2025 1 Supreme 38: The case clarifies the scope of CBI jurisdiction over government employees and private persons under the DSPE Act. The language suggests it is a settled legal position but does not specify whether it has been overruled or questioned; thus, it can be considered as generally followed unless contradicted elsewhere.

Ranjan Sinha VS Ajay Kumar Vishwakarma - 2017 5 Supreme 499: This case explains the legal meaning of "Register" and discusses the legal status of the First Register prepared by Bihar, along with the legal implications for reorganized states. There is no indication that this ruling has been overruled or criticized; it appears to be an authoritative interpretation.

Uncertain Treatment:

All three cases lack explicit references to subsequent judicial treatment, such as being overruled or criticized. Without additional context or citations to later decisions, their treatment remains uncertain. They are likely considered settled or followed, but this cannot be confirmed solely from the summaries provided.

All three cases are categorized as having uncertain treatment because the summaries do not include any references to subsequent judicial treatment, such as overruling, reversal, or criticism. Their current judicial status cannot be definitively determined from the provided information.

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