Sri B L Santhosh v. 1. The State of Telangana

of Criminal Petition and upon hearing the arguments of Smt. tl ./asantha L akshmr Advocate for the Petitioner and Sri E Ganesh, Assistant publ c rosecutor on behalf of the Respondent Nos.'1 &2 and none appeared for the Respor lent No.3 CRIMINAL PETITION NO: 10860 OF 2022 Between: Sri.Thushar Vellappally, S/o. Vellappally Natesan, Aged. 54 Years. Occ President Bharath Dharma Jana Sena 2312 Yellappa| 7 lVlararikkulam North Panchayath Ambalappuzha Aleppey Kea raia 688544 ... Petitioner AND 1 The State of Telangana, Through its Public Prosecutor. High Court Burldrng, High Court, Hyderabad

2. Special lnvestigation Team (SIT). Represented by rts Charrman, lvlr CV Anand. lPS, Commissioner of Police Hyderabad City, Basheerbagh, Hyderabad. 3 Mr. Pilot Rohith Reddy, S/o. Not Known to the Petrtioner, Aged. lvlajor, Occ. MLA Tandur Assembly, R/o Tandur, Vikarabad District. ...Respondents Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crrminal Petition, the Hrgh Court may be pleased to quash the impugned Notice No 455/C R-RJN R- 12022 daled O1 12 2022 (lmpugned Notice) U/s 41(A) of Cr.P C and pursuant proceedings thereto issued to the Petitioner by the SIT constituted to investigate the Crime No.455 of 2022 dated 26-10-2022 registered under sections 120-8. 171-B R/w '17'1-E, 506 R/w 34 IPC and section B of Prevention of Corruption Act, 1988, by Police tvloinabad, Cyberabad in the interest of justice l.A. No. 1oF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the impugned Notice No 455/CR-RJNR 12022 daled 01 .12 2022 issued to the Petitioner and pursuant proceedings thereto in the interest of lustice. LA. No. 1 oF 2023 Petition under Section 482 of Cr.P C praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the stay granted in Crl P.No.10860 of 2022, dated 16-03-2023. This Petition coming on for hearing, upon perusing the fi/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A Kranti Kumar Reddy , Advocate for the Petitioner and Sri E Ganesh, Assistant Public Prosecutor on behalf of the Respondent No '1& 2 and none appeared for the Respondent No.3. The Court made the following: COMMON ORDER ,IT THE HON'BLE SHRI JUSTICE ANIL KUMA;i JUKANTI CRIMINAL PETITION Nos. 10518 10798 & lOEr 0 OF 2022 COMMON ORDER: Criminal Petition No. I 0518 ol 2022 is krd br. rl.rc pclitioncr to quash thc impugncd NoLic:c I',.J ;30/SIT'IS- llYDl2022, datcd 23.11.2022 ("lmpugncd N,r icc") unCc-r Scction a I (A) of Code of Crimir-ral Proccdrr-, 1973. lirr- sl'rort 'Cr.P.C') ar-rd pursuant proceedings ther',: ., issued Lo the petiti()ner by Special Investigatron : ilnl (srr) consLituLcd to irrvcstigale the Crimc No_45.5 ol . 022, dil r:cl

26.1O.2022, registered under Sections 120-8. 7l B re rrrl ri'itt.r 17 1 E, 506 read with 34 IPC arnd St:ti<>n B o[ Prevention of Corruption Act, 1988 by Polict Moir-rabrrd C],berabad (Pagc No.19 of Crl.P.No. 10518 of 20 I t)

2. Criminal Petition No.10798 of 2022 is t:cl bv tl.re pctitioner to quash the Impugned NoLice ) r.455/CR- RJNR/2022 dated 08.11.2022 issued undcr S( rrion 41 A Cr. P. C., to the petitioner by the )nct 3sponden t InvestigaLing Olfrcer in Crime No.455 of 2022 c I Moinabircl Police Station. Cyberabad, Commissioneratr. I'r:l:rnganir 2 JAK. J CRLP_r05 l8_10798 10860 1022 and consequentially to quash ail proceedings pursuant thereto including the ur-rdzrtcd Lookout Notice against him by the 2"d respondent (Page No 47 ol Crl.P.No. i0798 rlf 2022]'

3. Criminal Petition No.10860 <tf 2022 is liled by the petitioner to quash the Impugned Notice No.455/ CR-R.INR- 12022, dated 01.12.2022 ("tmpugned Notice") t-ttrder Section 41-A of Cr.P.C. and pursttant proceedings thercto issued to the Pctitioncr by thc SIT constitutcd to investigate the Crime No.455 ol 2022, dated 26.10.2022 registered under sections 120 B, 17 7-B read with 17 I E, 506 read with 34 IPC and section 8 of Prevention of Corruption Act, i988 by Police Moinabad Cyberabad (Pagc No. 15 of Crl.P.No. IOB6O ot 20221

4. Heard Mr. A.Kranthi Kumar Reddv, learne d counsel for petitioners and Mr. E.Ganesh, leerned Assistant Public Prosecutor for the respondent - State. Perused the material on record {1 _l CRLP IO5 IS J,\K, J ,/()lt r0860 t022 J For rcfercncc, facts in Criminal petition I o. I O5l g of 2O')2 arc cor-rsidered.

6. .his FarcLs irs per material on record arc theLt csprondcrnt No.3/complainanr by his complaint datcd rt.1O.2022 (c.rnplai,t copy is annexed at page No.5 r ,r <:ountc.r allidavit iilecl in Crl.p.No.l051B of 2022) statect i rat he u.:rs irrcluced b.r, erccuscd Nos. I to 3 by offering an rrnoun[ of Rs.l0O Crorcs to him and Rs.50 Crores to cach r lellou' ML,{s rutd u,:rs also offered Central Govc,r r rcnt cir.tl conLract u,orks ancl high positions in Central (, r,c,rntnerrL and Iured him to join BJp. That if hc dor:s; riot join. criminal cascs and raids by Enforcement Dirccr r;rtr:/CBI wor-rld be there. That the three accused woul I come t,.r farnrhouse at Azeeznagar, Moinabad, to finalize e deal oI joir.rirrg in BJP by resigning from TRS, it is alsc ;tated i, the comp)arnt that the Government would bc top; r:d. Thar. nccessary action against the persons for inc r lgine in unethical and undemocratic ways be taken. .ltc comlrlaint rvas received on 26.10.2022 at l l:30 r .m. ancl FIR camc to be registcred, l I t 4 JA(. J cRl-P 10518 t0798 10860 2022 7 . This being the gist of the complaint, a case came to be registercd in Crime No.455 ot 2022, dated 26.1O.2022, registered lrnder Sections 120 B, 17 1 ts read u'ith 1 7 1 E, 506 read with 34 IPC ancl Section 8 of Prevention of Corruption Act, 1988, by Police Moinabad Cyberabad. The inducement is said to have taken place betn een 26 .O9 .2022 and 26 .lO .2022 .

8. Government of Telangana vide C.O.Ms.No.63 constituted a Special Investigation Team to investigate the case. The said G.O. is annexcd at page No.278 of the counter afhdavit filed in Crl.P.No. iO5 l8 of 2022. Writ Petitions came to be Itled seeking a direction to hand over the investigation to CBI with othe r reliefs

9. Initially, a notice under Section 41 A of Cr.P.C bearing No.455/CR-RJNR/2022 (pagc No.14), datcd

16.11.2022 was issued to the petitioner herein (in Crl.P.No.I0518 of 2022) by Investigating Officer i.e., Assistant Commissioner of Police, Special Investigation Team (SIT), constituted to investigate into Crime No.455 of ( i1 ) ]r\K. ,I CRLP l05lr 0?98 l0116(' 2021 2022 rlated '26.1O.2022 regisrercd undcr Se:: ions l2rl B, I7 1 -R read ri,ith l 71E, 506 read rvith 34 of Ip _ and Sccrron B of Prevcntion of Corruption Act, 1988. thc polic:e Statiorr at Moir-r:rbad

10. A nolice dated 23.11.2022 under Secr :;r-r 4i A of Cr.P.C. rt'as issued to the petitioner to :tppe I beftrre the lnvestigating Olliccr, SIT, at Integrated Ccr mand irnd Control Centrc, Hydcrabad Police Commissior )rate, Road No.I2, Bar.rjirr:r FIills, Hyderabad, on 26.).1 . O22 <>r on '28.11 .'2022 at 10:3O hours. That failure tcr ,tttend c'an rendcr thc petitior-rcr liablc for arrest under Se .: ion 4l -A(3) & (a) ol Cr.P.C. Copy of thc notice is annc> )d .il pagc No.19. It is this notice which is under challenpt on various grour-r d s. I 1 . Lcarncd Senior Counsel appea-ring on h ( -ralf o[ t ]-re petitiorrer made submissions on behalf of pe ionr:r ttr at the reclurremcr-rts under Section 4 1-A of Cr I , l. are not reflected in rrotice and that thc complaint does r ct d isclose cnough ingredients to attract the offences cl- z -ged u,ith. Lcarncd Senior Counsel further invited the atte I ion ol tlLi s 6 JAK. J CRLP r0518 t07c)8 10860 2022 Court to the order passed by learned Single Judge, dated

26.12.2022, in a batch of u'rit petitions bearing Nos.39767. 4O733, 4222A,43 144 and 43339 of 2022 A cop-\' is placcd on record. That Writ Petition No.42228 of 2022 is liled bv o:'rc Bhusarapu Srinivas/ A7

12. It is submitted that initially in the complaint dated

26.1O.2022, only three pcrsons were named and shou'n as accused A1 to A3 in the FIR registered bearing FIR No.455 of 2022 dated 26.10.2022. That subscquently noticcs under Section 41-A of Cr.P.C. were issued on the ground that during investigation, involvement of four others came to light and hence, notices were issued to lour persons on various dates (other than A 1 to A3). One such individual who received the notice among the four persons is the peliLioner in W.P.No.42228 of 2022 re., A7. Petitioner in W.P.No.42228 of 2022 challenged the notice issued under Section 41-A of Cr.P.C. The other three individuals who rcceived such notices are the petitioners in thesc three criminal petitions. The offences for which notices issued 7 J \K. J CRLP l05llr )7e8 t0860 1022 undcr Section 4l A of Cr-P.C. lor investigatiorr are similar. Tlrcsc facts are not disputed by the State. \\/rit i)i'tition No.4i228 ol 2022 tiled b' llituserrirl;r-r Srrr.rivas (A7), S/o Rajalingam, is with the follor ing pral,t'r "Writ Pelrtior) No.42228 of 2022 is filL r llhusarzrpu Srinivas, Aclvocate, secking v/r i rnandaurrrs dccltrring thc Noticc No.455 r R.INR/2O21 ilrrlerl l6. l l.20'22 undcr Sec:tion ol Cr.P.C. issur:cl to hint by respondent N r Assrstirrt Contntissioncr of Police, S1,, Investigrrtiorr 'ft:arn, Policc Commissiont t 13anjarir IIrlls. l{vrierabad though he is nr I accuserl :rs illcgirJ, arbilrary, without followirrl, proceclurc, u Lrcor-rs titulion:rl, contrary to lrrovisiorrs ol thc Clr.l,.C., viol.rtive of principl: n:rtural justice ;rnrl Article 21 of the Constit,t of India, irr.rd conscquently to set aside Lht: noticc an(i direct l-lre respondents not to insis{ pctitiont r lo irpl)car bclore the SIT witl follori,inc r1'-rc proccss of larv." -'R- IA I 'i;r l l lc, )Llt 14 On a pcrusal ol the prayer, it is appar,r t that the pra.ycr sought ir-r the present criminal petitions lled ur-rclcr Section 482 of Cr.P.C.), is identical to the pra-v: sought irl o[ W.P.No.422'28 <tf 2022. ln other words, the ndividuals u'ho were issr-rcd noticcs under Section 41-A o-,lr.P.C. lbr the samc offcnccs as that of Bhusarapu Sriniv r ., preferred these crimir-ral petitions instead of rvrit pet r on(s) and clrirller-rged the notices issued urrder Section 41 I of Cr.P.C 8 JNK.J CRLP r0518_10798 t0860 totl

15. Therc is no bar to file a writ petition under Article 226 of Constitution of India seeking to quash proceedings lf a w,rit petition IS preferred seeking to quash thc proceedings, the order passed in writ petition raising a challengc on similar grounds for the same offcnces irrising out of thc same complaint needs to be considered and is bincling. In the prcscnt case, the proceedings arc arisinq out of the same complaint lodged, FIR registered and for siime offences. Further, notices were issued under Section 4l A oi Cr.P.C for the purpose of investigation. Rclicl sought under Section 482 of Cr.P.C. is identical i.c quashing of notices under Section 41-A of Cr.P.C. Learned Single Judge vide his order dated 26.12.2022, in the barch ol ri'rit petitions (W.P.No.42228 ol 2022 is one of the w,rirs in thc batch), held as follows: "43. In the opinion of this Court, constitution of SIT under G.O.Ms.No.63 which act uncler the Government will not alter the situation, more particularly, when an authority none other than the Hon'ble Chiet Minister himself has openly circulated the videos and branded the accused and members of the organized crime as conspirators. The entire episode and turn out of events is something unprecedentecl and incomprehensible and I ! I i 9 CRLP t05 ll ,AK.J ()198 10860 t0t2 un lrc sitatingly, this Court holds that rlr :,rccL.rsccl have ntatle out ir case for transl,r ol irrvcst.igation. So frrr as olhcr poir-r riti:;i:tl [r1' t]tr: lt:arnccl r:ottrtscl rcgarclrr ; r,iolrrliorr ol (i.O.i\{s.No.26B etc., and t.lr;r in\,, sti!,irii.lt ltr' r.(,guliir. i)oli(.c rs nr) 1rcrrnissible undcr (ltc PC Act are t)o considr:retl ns the pk:adings to that effr,,. rrt tlrt. rrril ;rfllrlirrirs,rI.r'\'en vaguc; in irr cvcnt, Lhc\ iirc ltol r)cc(,sSatry to be dcitl u,ith in the light o[ tht: irbovc obscrvations. .14 I . l,'o r I he aforr-.sirrd rcasons, W. I) Nos .10733, 43I44 and 43339 of 2022 at, itlk;rr't:rl. (i.().Ms.No.(r3 Homc (Legir l i)r.'1rrr-trncnt <iated 09. I 1.202'2 appointirrl SIT is cluasl-x:<1. Tltc irrvcstigaLior-r in FI . No..155 ol 2O)). shirll bc forthu,it' trarsle rrt:cl lo tltC C0ntral Burezru ( lnvr:st igatiorr, u,ho shall procccd r.vith rJr consiclcraIiorr tlre rcp()rt loclged by Mr.Pilr t Rolrrt Rcdcll, in FIR No.455 ol 2O2,. obst'rvitI ior r ltzrnch:rnanta clati--, I 26.)O.2022 and nteclitrtors pancltanant r dar( (1 27.1O.'2022. The remaini;r: invc stig:rtion done Assist:rnI Con r rnissioncr r>f Policc, Rajendranagir r Division; lhc St:rtion I Iousc Officer , Moinabad [)olicc Statior.r, and thc SIT ar', also c1r-rashccl. invest igertior r r:rking l;y

44.2. As discusscd above, W.1,. No.3()7€r7 of '2O2'2 is not uraintain:rble anrl is acr:ordingly drsrnissed. 44-3. In vicrv o[ lhe orclers in W.l, No.4il 14.1 of 20'22, no orders are requir<:r to br: p:rsscd ir-r W.P. No.12228 of 202'2 and thcreforc, the sarnc is closed."

16. It is not in dispute that the appointmcri of SIT by vviiv of C.C).Ms.No.63, Home (Legaf) Departrr )nt, datcd O9.11.2022, \r,as quashed by the learned Sir. lle Judge 1 l0 JAK, J CRLP 10518 10798 10860 20:l Learned Single Judge in the order dated 26.12.2022 held that invcstigation in FIR No.455 of 2022 shall bc transferrcd forthrvith to the Central Bureau Investigation (CBI) and ftrr the purposes of de nouo investigation, the complaint lodged by Mr. Pilot Rohit Reddy resulting Itl rcgistration of Crime No.455 of 2022, observation panchanamer dated 26.10.2022 and mediator panchanama daLed 27 .10.2022, shall be transferred to the Investigating Ar-rthoritv. Learned Single Judge further held that investigation carried out by the Assistant Commissioner ol Police, SIT, to the extent was quashed 17 , The notices uncler challenge in the present Crim inal Pe titions are issued by the Investigating Officer i.e., Assistant Commissioner, SIT, citing the involvement ol pctitioners herein in these criminal petitions and directing thcm to appear belore him for the purpose of investigation As the learned Single Judge by his order dated26.l2.2022 in the batch of writ petitions quashed the G.O.Ms.No.63 Home (Legai) Department dated 09.11.2022, appointing SIT, notices issucd by the lnvestigating Officer of SIT do not ( 11 .tAK. .t CRLP l0r;lt l079ll 10860 2022 have lcgs Lo sLand, thcrcbv the notices r.t: rendcrerl irrfertile Ill. It is irlso rritc to take note oi tl ,' [:rct Lh:rt ().O.Ms.No.(r13 having becn quashcd and tlr rrotices isslred under Section 4l A ol Cr 'gr:r-rcsis o1' ).C. to tl're petitioners in these three criminal pe[rl ons is b"v lrrvestigating Ollicer b1, virtuc oI tl-rc constitut rn of SIT to carry out ur\/csrigation and tl-re Ci.O. bcing : rashed, the notices issLrccl cannot bc sustaincd. Thc vicr.l, , I t}-ris Court is lortified br. the order ol the learned Single r-rdge dztted

26.t2.2022_

19. Having perrLsed lhe maLerial r>rt record e r rl tlte order of the learncd Singlc Judge and irr vicu. oI Lhc orders passed in W.P.No.42228 ot 2022, Lhis Cou is of Ll-rc opinion that thcse criminal petitions desen,e t,r bc allowed. All these three criminal petitions iiled by peti oners u.ho are issued notices under Section 4l -A of C;. ).C. under different datcs are seeking the same relicf of qui shing. This Court has no hcsitation to hold that the ven. ( ,.O. issuecl having becrr set at naught, the notices is; rcd uncler 12 JAK. J cRt-P 10518 10798 t0860 2022 Section 41-A of Cr.P.C. by the Investigating Officer do not have legs to stand and arc liable to be quashed.

20. Consiclcring thc enlirc faclual matrix of the cerse and the material on rccord, the order of the learned Single Juclge, this Court is of the opinion that impugned notices issuecl under Section 41-A ol Cr.P.C. to the petitioners in thesc three criminal petitions bearing Nos.105i8, 10798 & 10860 of 2022 are hereby quashed, for reasons aforesaid' 21 Accordingly, these Criminal Petitions stand allor'r'ed Miscellaneous applications pending, if any, shall s tan cl closcd SD/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The IAdditional Special Judge for SPE & ACB Ca s at Hyderabad 2. The Station House Offtcer, Moinabad Police Station, Cyberabad 3 Special lnvestigation Team (SlT), Represented by its Chairman, Mr.C V Anand, lPS, Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad.

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

5. One CC to Smt. B Rachana, Advocate [OPUC] 6. One CC to Smt. B Vasantha Lakshmi, Advocate [OPUCI 7 One CC to Sri A Kranti Kumar Reddy, Advocate [OPUC] 8. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

9. Two CD Copies r\D(JPSL ,w HIGH COURT DATED: 0411112025 COMMON ORDER .', !I€ (-),< 16 rii 2t2[ I :,_. '\ .r-' .l ,1'/ .-t ' CRLP.Nos.10518, 10798 and 1 8060 of 2', )22 ALLOWING ALL THE CRLPs 1 5 3