Following a criminal trial filed by the Cyberabad police challenging a court order from the Anti-Corruption Bureau (ACB), Justice C Sumalatha said the three defendants should immediately surrender to the Cyberabad police commissioner and be sent to jail until the police present them to the court next time. The ACB Court on Thursday night refused to place the three defendants in police custody, dismissing the police investigation report on the grounds that they had failed to give the defendant proper notice.
The judge heard arguments from defense general BS Prasad, who described the ACB court’s order as the result of a misunderstanding of the “Arnesh Kumar judgment” given by the Supreme Court. AG sought a court order ordering the three defendants to be placed in judicial custody. He said the touring report contained many documents explaining why the defendant needed to stay in justice. “The trial court and its judge did not review it and the judge simply dismissed the remaining report,” he explained.
The trial court wrongly said that the police should notify the defendant under Section 41-A of the CrPC, the AG said. “The culmination court in their Arnesh Kumar ruling did not say that notice must be given and no arrest should be made,” he pointed out. The judge agreed with the view of the General Assembly and ignored the order of the ACB Court.
The judge also found the defendant guilty for not providing their residential address to the Cyberabad police commissioner despite an order from the court on Friday. “Now, go and surrender to the officer immediately,” she said. If they do not surrender, the police are free to arrest and bring them before the relevant magistrate to seek trial. “The judge should send them to the court after verifying the documents,” Justice Sumalatha said.
The three defendants were arrested from a farm near Hyderabad on Wednesday night, and police said they were detained on charges of giving bribes to four TRS MLAs to transfer to the BJP. Ramachandra BharathiK Nanda Kumar and Simhayaji named as three defendants in the FIR.
Meanwhile, BJP general secretary G Premendar Reddy filed a request for a CBI investigation into the Moinabad farm FIR to be brought before Justice B Vijaysen Reddy, who is still continuing the police investigation into the incident.
Additional General Advocate J Ramachandra Rao issued a court notice the BJP itself did not seek such relief. He said they are looking to move the investigation from state police to the CBI or SIT. Furthermore, such a stay order would be in conflict with the order of Justice Sumalatha, who has authorized the police to arrest the accused and seek action, he said.
Lawyer J Prabhakar, who appeared for the BJP, said that they had nothing to do with the defendant in the case. “Because the state government is trying to tarnish our party’s image, we’re looking for a fair investigation, which can’t be done through a police investigation,” he said. state-led.
At this stage, Justice Vijaysen said this is not a stay but just an order asking the police to postpone their investigation for a few days. “We will hear the controversies raised by Ramachandra Rao after going through the state government counter,” the judge said. He directed the government to file a protest and post the case to November 4 for a further hearing. “Until then, the police should not proceed with the investigation of the case,” the judge said.
In the Moinabad FIR, Cyberabad police accused the defendant of attempting to buy four TRS legislators. An amount of Rs 100 crore was promised for Tandur MLA Pilot Rohith Reddywhile the other three MLAs are offered Rs 50 crore each, it claims.
Police claim that Rohith Reddy, at the ranch where defendant met, told them about the “cash settlement” and that police and ACB officers arranged to document the process of soliciting the homeowners. legislative.
