1. Through the medium of present petition, the petitioner has challenged order dated 30.09.2024 passed by the learned Special Judge, Anti Corruption (CBI), Jammu ('hereinafter referred to as the “Special Judge”) whereby the learned Special Judge has taken cognizance of the offences on a complaint filed by the respondent against the petitioner and the co - accused, whereafter the process has been issued against them.

2. Issue notice of this petition to the respondent. Mr. Vishal Sharma, learned DSGI, accepts notice on behalf of the respondent.

3. Heard and considered.

4. The question of law that has been raised in the present petition is as to whether, in a complaint pertaining to an offence committed prior to the coming into force of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (hereinafter referred to as “BNSS”), the procedure is to be governed by the provisions of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) or by the provisions contained in the BNSS.

5. Before answering the aforesaid question, let me give a brief background of the facts that has led to filing of the instant petition. A complaint came to be filed by the respondent against the petitio