2025 INSC 11 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. of 2024 (@ SLP (Crl.) No. 10737 of 2023)

The State, Central Bureau of Investigation.

…Appellant(s)

Versus A. Satish Kumar & Ors.

…Respondent(s)

Criminal Appeal No. of 2024 (@ SLP (Crl.) No. 10038 of 2023)

J U D G M E N T

C.T. RAVIKUMAR, J.

1. The self-same appellant, namely, the Central Bureau of Investigation (for short, ‘the CBI’) calls in question the common judgment dated 13.04.2023 in W.P. Nos.26990 of 2021 and 5441 of 2022 passed by the High Court of Andhra Pradesh. Writ Petition No.26990 of 2021 was filed by the first respondent in the former appeal and Writ Petition No.5441 of 2022 was filed by the first Signature Not Verified D Ni ag vit ea ell ny Rsi ag wne ad l by Dr. respondent in the latter appeal. As observed by the High Date: 2025.01.02 Reason:

Court in the impugned common judgment, common question(s) of law arose for consideration in both the cases in identical circumstances and the High Court took W.P. No.26990 of 2022 as the lead case. Consequent to the consideration of the legal and factual position, the High Court allowed the said Writ Petition and for the same reasoning allowed W.P. No.5441 of 2022 as per the impugned common judgment.

2. Before dealing with the precise question(s) of law involved in the captioned appeals, it is appropriate to refer, succinctly, to the factual background that ultimately led to the filing of the Writ Petitions and their culmination in the impugned common judgment, as under:-

FIR No.10 (A)/2017 was registered for offences under Section 7 of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’) against the first respondent in Criminal Appeal No.898 of 2024 while he was working as Superintendent, Central Excise, Nandyal, (Kurnool), District in the State of Andhra Pradesh. The allegation was that he demanded and accepted an illegal gratification of ₹10,000/- from the original complainant, Sri. Arif, who was a contractor, on 09.05.2017 for issuance of licence surrender certificate qua Excise Registration Certificate No. AHC PC 1141 KEM 001.

3. In the latter appeal, against the first respondent therein, FIR No.RC22(A)/2017-CBI/HYD was registered under Section 7 of the PC Act. The allegation was that while working as Accounts Assistant in the office of Senior Divisional Financial Manager, Guntakal, by abusing his office as public servant he demanded and obtained ₹15,000/- as illegal gratification from the original complainant therein, Sri. C. Dorrai Rajulu Naidu on 20.11.2017 for doing official favour of processing contract bills for the months of July, 2017 to September, 2017 and also previously sanctioned bills for the month of March to May, 2017 and June, 2017. In both the cases, after completion of investigation, chargesheets were filed before the Court of Principal, Special Judge for CBI Cases, Hyderabad. In the case of former appeal, it was so filed on 28.12.2017 and in the latter case it was so filed on 29.03.2018. The Court took cognizance, in the former case, on 16.07.2018 and took on it file as CC No.2/2018 and in the latter case, on taking cognizance it was taken on file as CC No.6/2018 on 03.08.2018. On 28.03.2019, the CBI, policy division order, redefining the territorial jurisdiction of CBI, ACB, Hyderabad and Vishakhapatnam branches was issued. On 03.09.2019, the High Court of Telangana vide ROC No.334/E-1/2008 issued a notification regarding the jurisdiction of four Rayalaseema Districts of the State of Andhra Pradesh, namely, Kurnool, Kadappa, Chittoor and Ananthapur and for their inclusion in the jurisdiction of CBI Courts Vishakhapatnam by deleting the same from the jurisdiction of CBI Courts at Hyderabad.

4. Earlier, as per the Andhra Pradesh Re- Organisation Act, 2014 (for short, ‘the A.P. Re- Organisation Act’), w.e.f. 02.06.2014, the State of Andhra Pradesh was bifurcated geographically into two States namely, the State of Andhra Pradesh and the State of