The High Court of Telangana passed a judgment on 6 February, 2023 stating that The rights of a respondent being accused in a Crime are compromised by leakage of investigation materials and open branding of them as culprits even before charge sheet is filed It was stated in the case of The State Of Telangana And 5 Others vs Tushar Vellappally (WRIT APPEAL Nos.36, 37, 41, 42, 43 and 44 OF 2023)on which was passed by the division judge bench comprising of Hon’ble Justice Ujjal Bhuyan, Hon’ble Justice N.Tukaramji
FACTS OF THE CASE:
Writ petition No.40733 of 2022 was filed by respondent Nos.1, 2 and 3 as the writ petitioners seeking a declaration that the action of the State/appellants herein in undertaking biased and unfair investigation in on the file of Moinabad Police Station is illegal and arbitrary being in gross violation of Articles 14 and 21 of the Constitution of India and also being contrary to the settled principles of free and fair investigation. Consequently, a direction was sought for to transfer investigation in F.I.R.No.455 of 2022 on the file of Moinabad Police Station to the Central Bureau of Investigation (CBI) or alternatively to constitute a Special Investigation Team (SIT) to conduct enquiry in crime (F.I.R) No.455 of 2022 registered on the file of Moinabad Police Station under the supervision of a sitting Judge to ensure investigation in a free and fair manner
JUDGEMENT OF THE CASE
The rights of respondent being accused in Crime No.455 of 2022 were being compromised by leakage of investigation materials and open branding of them as culprits even before charge sheet is filed. Further, learned Single Judge has quashed the investigation carried out by the police in while directing CBI to conduct de novo investigation. This is nothing but a decision rendered in the realm of criminal field; thus exercising criminal jurisdiction within the meaning of Clause 15 of the Letters Patent. Applying the litmus test, it is evident from a combined examination of the substance of the case and the nature and character of the order passed by the learned Single Judge that the judgment under appeal is clearly within criminal law domain.Therefore, the intra-court appeals challenging the judgment and order of the learned Single Judge dated 26.12.2022 would be clearly barred by Clause 15 of the Letters Patent and would not be maintainable. Since at the aforesaid conclusion, it is not necessary for us to delve into the merit of the challenge or to the other aspects as argued by learned counsel for the parties.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
