THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10880 OF 2010 DATED 1st FEBRUARY, 2011. BETWEEN : Sreeram Murthy .. Petitioner-A.1 and The Central Bureau of Investigation ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10880 OF 2010 ORDER: Petitioner approaches this Court with this Criminal Petition under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings in C.C.No.1 of 2008 on the file of the Special Judge for CBI Cases at Hyderabad. Heard. It is the main contention of the learned counsel for the petitioner that under Delhi Special Police Establishment Act, 1946, there cannot be any investigation by the Central Bureau of Investigation without the consent of the State Government. It is submitted by the learned Standing Counsel for CBI that by G.O.Ms.No.477 Home (SC.A) Department dated 18.06.1994 the A.P. Government accorded general consent to all the members of Delhi Special Police Establishment to exercise powers and jurisdiction under the Act in the State of Andhra Pradesh and thereby the CBI is competent to investigate the present case. The above referred G.O. runs as follows: ORDER: The following notification will be publishedi n the Andhra Pradesh Gazette: NOTIFICATION Under Section-6 of the Delhi Special Police Establishment Act, 1946 )Central Act XXV of 1946), the Governor of Andhra Pradesh hereby accord general consent to all the members of Delhi Special/Establishment to exercise the powers and jurisdiction under the said act in the State of Andhra Pradesh for investigation of the offences mentioned hereunder against (i) Private Persons for alleged offences committed whether acting separately or in conjuction with Central Government/undertaking employee and in case of (ii) of the Govt. employer upto First Gazetted Level when acting along with or in conjuction with private persons or Central Govt. employees. However, in case of State Government employees from 2nd level gazetted posts sitting or former legislators, Members of Parliament and Members of Legislative Assembly (even Ministers/Chairmen of Corporation etc.) the CBI shall obtain prior consent of the State Government in each case: a) (i) Offences punishable under relevant sections of Prevention of Corruption Act, 1947 (Central Act 3 of 1947) and the Prevention of Corruption Act, 1988 (Central Act 49 of 1988) (ii) Offences under the I.P.C. 1860 (Central Act 45 of 1860) (List in Annexure-II) (iii) Offences under the Central Act (List in Annexure-I) b) Attempts, abetments and criminal conspiracies in relation or in connection wit one or more offences specified in clause-(a) above and any other offence committed in the course of the same transaction. In view of the said G.O., the C.B.I. is vested with the power to investigate the present crime. Therefore, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 01.02.2011 sur