Telangana HC stays probe on one hand, allows remand on the other, Legal News, ET LegalWorld – Legal Firms

HYDERABAD: In a strange development, two separate single judge courts of the Telangana high court on Saturday passed two different and conflicting orders in the ongoing political tussle between BJP and state government over the arrests made in Moinabad farmhouse FIR.

While one court held that all the three accused in the farmhouse FIR should be remanded to jail upon their production before the magistrate, the other court stayed the ongoing investigation into the FIR thereby staying any possible arrests too.

Moinabad FIR, it can be recalled, charged the BJP party with making attempts to buy 4 TRS legislators. An amount of Rs 100 crore was promised to one legislator, and the remaining three legislators were offered Rs 50 crore each. While one of them, Pilot Rohith Reddy, claimed that he was averse to the idea of getting sold and hence came forward to complain about the unethical practice, the police and the ACB made arrangements to record the process of allurement of legislators by three persons who were claiming to be BJP workers.

Ramahandra Bharathi alias Satish Sharma, Kore Nandu Kumar, and DSKV N Simhayaji were shown as BJP workers who were trying to purchase TRS legislators.

When the police arrested the trio and produced them before an ACB court in Hyderabad, the judge of the ACB court refused to send them to judicial custody and rejected the remand report saying that the police did not follow the procedure under section 41-A of CrPC. An aggrieved police preferred a criminal revision before the high court.

Justice C Sumalatha heard the police plea on Saturday morning and set aside the order of the ACB court that rejected the remand report. In a parallel development, another single judge, Justice B Vijaysen Reddy, heard the petition filed by the BJP party seeking transfer of probe in the case to CBI and stayed the ongoing police investigation into the case. When the state counsel objected saying that this would be in conflict with another single judge order that allowed the remand, justice Vijaysen said his order is only for a few days. File your counter and we will hear it on Nov 4, he said.

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