The Supreme Court in its recent ruling announced that the CBI does not need approval from a state government to file a case under a Central law, like the Prevention of Corruption Act, against a Central government employee working in that state.

The Andhra Pradesh High Court's April 13, 2023, ruling that quashed two FIRs—one against a Superintendent, Central Excise, and another against an Accounts Assistant in the office of Senior Divisional Financial Manager, South Central Railway—was overturned by a bench of Justices C T Ravikumar and Rajesh Bindal. The court cited the Telangana government's refusal to authorise their prosecution. The alleged offence took place in districts that remained part of Andhra Pradesh, but the FIRs were filed in Hyderabad, which is in Telangana. 

The two individuals challenged the FIRs in the Andhra Pradesh High Court, arguing that under the Delhi Special Police Establishment Act, 1946 (DSPE Act), the Andhra Pradesh government’s approval was required to investigate, as the offences occurred in its jurisdiction. The court noted that after the Andhra Pradesh Reorganisation Act came into effect on June 2, 2024, general consent was only given by Andhra Pradesh. It then concluded that at the time the FIRs were registered, the CBI did not have the authority in Telangana to investigate the case. However, the SC pointed out that the undivided state of AP had generally agreed to allow the CBI to investigate matters even prior to the split. 

According to the ruling, the HC's view that laws passed by AP before the bifurcation would only apply to Andhra Pradesh after the bifurcation "cannot be the correct law and the legal fiction should be that such laws would be in force in the new State unless altered or repealed or amended by it, in accordance with law." The judgment said that ‘irrespective of the place of posting,” the accused duo “were Central Government employees and allegedly committed serious offence under PC Act, which is a Central Act” and “therefore the question is in such circumstances merely because such an employee works within the territory of a particular State, to register an FIR by the CBI in connection with the commission of an offence under a Central Act whether consent from the state concerned is required or not?” The bench stated that the SC addressed this in its rulings in other cases.