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 petitioner and the co - accused before the learned Special Judge. As per the complaint, the petitioner, who happens to be accused No.2 in the complaint, is alleged to have committed offences under S.3 read with S.4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA”) which arise out of predicate offences registered under FIR No. RC00420022A0008 dated 03.08.2022 for offences under S.420 IPC read with S.120 - B IPC. The offences alleged to have been committed by the petitioner and the co - accused under the PMLA admittedly relate to a period prior to 01.07.2024, the date on which the BNSS came into force. The complaint out of which the impugned order has arisen was filed by the respondent before the learned Special Judge on 22.08.2024, i.e., after coming into force of the BNSS.

6. In the light of the aforesaid fact, it has to be determined as to which of the legislations viz. CrPC of 1973 or the BNSS of 2023 is to be applied by the learned Special Judge while proceeding further in the complaint. In this context, it would be apt to refer to the provisions contained in S.531 of the BNSS, which relates to “Repeal and Savings”. It reads as under:
“531. Repeal and savings.
(1) The Code of Criminal Procedure, 1973 is hereby repealed.
(2) Notwithstanding such repeal -
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent.
(3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as en