Telangana High Court held that the Trial Court is justified in examining the material which is sufficient to array accused person
Telangana High Court
In this case recently Telangana High Court held that trial court can examine that whether there is sufficient material to array person when memo/petition is filed by the police during investigation intimating the court about its petition to array such persons. The case was the State of Telangana v. Ramachandra Bharathi alias Sathish Sharma and 2 others (Crl.M.P.No.1008/2022). The case was presided by Dr. Justice D Nargarjun.
Facts of the cases
- The complaint was filed that the accused had attempted to bribe him for defection from one party to another by offering Rs.100 Crores. He was also offered incentives to mobilize other MLAs.
- Upon getting the Complaint, the Police registered a case for offences Under Section 120-B (Criminal conspiracy), Section 171-B (Bribery), Section 506 (Punishment for criminal Intimidation) of IPC and Section8 of the Prevention of Corruption Act.
- During Investigation, the special investigation team collected the evidences against the four more persons for actively taking part in Commission of offences. Police wanted to array them as accused and filed a petition regarding that in the court.
- The trial court registered the case as a Criminal Misc. petition and rejected the memo upon hearing the proposed accused. The revision petition was filed before the High court regarding the memo.
Judgment
The High Court said since the police had filed the memo to array 4 person as accused to strengthen some material, examine done by the trial court that whether there is sufficient material to array the persons or not is justified.
The trial court had also converted the memo as criminal miscellaneous petition, so he is empowered to examine and pass order.
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JUDGEMENT REVIEWED BY NAMRATA SINGH