2026 Supreme(SC) 84

SUPREME COURT OF INDIA
J.B. PARDIWALA, SATISH CHANDRA SHARMA, JJ.
Nawal Kishore Meena @ N.K Meena – Petitioner
Versus
State of Rajasthan – Respondent
Petition for Special Leave to Appeal (Crl.) No.492/2026 [Arising out of impugned final judgment and order dated 03-10-2025 in SBCRMP No. 5157/2024 passed by the High Court of Judicature for Rajasthan at Jaipur]
Decided On : 19-01-2026

IMPORTANT POINTS
(1) Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by State, yet relation between CBI and State Police is supplementary to each other.
(2) State Police has jurisdiction to investigate offences of bribery and corruption under PC Act against Central Government employees – PC Act does not specifically envisage a separate procedure for conducting investigation.

Headnote:

(A) Prevention of Corruption Act, 1988 – Section 17 – Delhi Special Police Establishment Act, 1946 – Section 3 – Criminal Procedure Code, 1973 – Section 156 – Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by State, yet relation between CBI and State Police is supplementary to each other and as per CBI Constitution and inter se arrangement between CBI and State police there are several areas where CBI and Police require inter se cooperation and support – Criminal Procedure Code is parent statute which provides for investigation, inquiry into and trial of cases and unless there is specific provision in another statute to indicate a different procedure to be followed, provisions of Cr.P.C cannot be displaced – Existence of a special law by itself cannot be taken to exclude operation of Cr.P.C. – Unless special law expressly or impliedly provides a separate provision for investigation, general provision under Section 156 of Cr.P.C shall prevail. (Paras 5 and 6)

(B) Prevention of Corruption Act, 1988 – Section 17 – Delhi Special Police Establishment Act, 1946 – Section 3 – Criminal Procedure Code, 1973 – Section 156 – Jurisdiction to investigate corruption cases – State Police has jurisdiction to investigate offences of bribery and corruption under PC Act against Central Government employees – PC Act does not specifically envisage a separate procedure for conducting investigation – Offences under PC Act can be investigated into by State agency or by Central agency or by any police agency – Section 156 of Cr.P.C. authorizes any police officer in charge of a police station to investigate a cognizable offence without order of Magistrate – Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police – Offences under PC Act are also cognizable and can be investigated by State Police or VACB – DSPE Act seems to be only permissive or empowering, intended merely to enable Delhi Special Police Establishment also to investigate into offences specified as contemplated by Section 3 without impairing any other law empowering police authorities to investigate offence – Impugned judgment and order passed by High Court upheld. (Paras 8, 9, 10 and 11)

Facts of the case:

Two questions of law fell for consideration: –

“(I) If any offence under the Prevention of Corruption Act is committed by a person, serving under the Central Government, or an employee of the Central Government, within the territorial jurisdiction of the State of Rajasthan, whether the State agency of Anti-Corruption Bureau (ACB) is authorized and has jurisdiction to register a criminal case against such person and to proceed for investigation and filing of charge-sheet. Or whether the jurisdiction lies exclusively with the Central Bureau of Investigation (CBI), and without prior approval/ consent of the CBI, the ACB cannot proceed in the matter?

(II) If a charge-sheet of an offence under the Prevention of Corruption Act, is filed by the Anti- Corruption Bureau against a person, serving under the Central Government or an employee of the Central Government before the Court of competent jurisdiction, but without obtaining the approval/ consent of the CBI, whether such charge-sheet can be considered valid in law and within jurisdiction to commence and culminate the criminal trial of such offence in accordance with law?”

Findings of Court:

We find no error, not to speak of any error of law, in the impugned judgment and order passed by the High Court.

Result : Special Leave Petition dismissed.