Back
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE B. CHANDRA KUMAR
M/s.Jagathi Publications Ltd., Rep. by Y.Eshwara Prasad Reddy
Versus
Central Bureau of Investigation
Criminal Petition Nos.4593, 4594, 4742, 4743, 4744, 4768, 4769, 4770, 4771, 4772, 4773 of 2012 & Writ Petition No.16128 of 2012
Decided on : 02-06-2012
Criminal Procedure Code, 1973 – Section 167(2), 173(2) and 309 – Indian Penal Code, 1860 – Sections 120-B, 409, 420, 467, 477-A – Prevention of Corruption Act, 1988 –p Sections 13(2) read with (1)(c) and (d) – Conspiracy – Against CBI to the extent of granting judicial custody – Police custody – Criminal Petition have been filed by Publications Limited respectively, seeking to set quash orders of Principal Special Judge, CBI Cases, Hyderabad dated taking cognizance of final report submitted and in issuing summons to the accused by assigning and to direct Special Judge to consider taking of cognizance in matter after entire investigation is completed – Division Bench of this Court dated it is alleged that Late father of the accused, extended huge benefits in the shape of allotment of lands, mineral rights to develop ports all along the Eastern Coast forming part of Eastern Andhra Pradesh apart from permission for star hotels and complexes in and around Hyderabad and other major cities in Andhra Pradesh. It is also averred and individuals, who benefited from were in turn made to invest kickback amount into several individual and corporate business of the accused. It is also alleged that on account of the aforesaid Quid Pro Quo arrangement, the income of accused rose by time of his father demise – It is further alleged that the beneficiaries of the official from late Chief Minister resorted even to money laundering by adopting routes thorough tax haven countries such as Mauritius and these monies are brought into the companies and business of the accused at huge premium though the track record and business assets of companies of the accused had hardly any achievements, assets to it credit or business on hand – It is alleged that Late Reddy had declared assets worth Election Commission of India and accused in his Income Tax returns for year declared his income as only and these facts reveal that and his Late father were persons with moderate means and do not have much sources of income before assuming charge of public office – Held, Learned counsel for the accused relied on the judgment of Apex court in case between State of Punjab in support of his contention that a person can be deemed to have been surrendered to the police when he offers some information leading to discovery under Section 27 of Indian Evidence Act, 1973 and since the accused appeared before CBI in pursuance of the notice issued under Section 41 he cannot be given to CBI custody referred case their Lordships were dealing with issue of grant of anticipatory bail to accused – Anticipatory bail application of accused was opposed on ground that police custody under Section 167 was sought – Apex Court referring to principal laid down in the case between State of it was observed that when a person not in custody approaches a police officer investigating an offence and offers to give information leading to discovery of a fact having a bearing on charge which may be made against him he may appropriately be deemed to have surrendered himself to police – It observed that broad foundation of this rule is stated to be that Section 46 of does not contemplate any formality before a person can be said to be taken in custody submission to custody by word or action by a person is sufficient – Criminal Petition allowed.
Common Order:-
Since the facts of all these petitions are one and the same and common arguments have been advanced by both the learned counsel in all these petitions, they are being disposed of by this common order.
Criminal Petition Nos.4593 and 4594 of 2012 have been filed by M/s. Jagati Publications Limited and V. Vijaya Sai Reddy (hereinafter referred to as ‘A-2’) respectively, seeking to set aside/quash the orders of the Principal Special Judge, CBI Cases, Hyderabad,(hereinafter referred to as ‘Special Judge’) dated 27.04.2012 made in R.C. No.19(A)/2011 taking cognizance of the final report submitted on 31.03.2012 and in issuing summons to the accused by assigning C.C. No.8 of 2012 and to direct the Special Judge to consider the taking of cognizance in the matter after entire investigation is completed.
Criminal Petition No.4742 of 2012 has been filed challenging the order dated 28.05.2012 passed in C.C. No.8 of 2012 in R.C. No.19(A)/2011-CBI/HYD, by the Special Judge, by virtue of which Mr. Y.S. Jagan Mohan Reddy-Accused No.1 (hereinafter referred to as ‘Accused’) has been remanded to judicial custody under Section 309 Cr.P.C.
Criminal Petition No.4743 of 2012 has been filed by the CBI, challenging the orders dated 28.05.2012 passed in Crl.M.P. No.1052 of 2012 in R.C. No.19(A)/2012-CBI/Hyd by the Special Judge in denying the police custody of the accused to CBI and ordering his judicial custody under Section 309 Cr.P.C.
Criminal Petition No.4744 of 2012 has been filed by the CBI, challenging the orders dated 28.05.2012 passed in CC No.8 of 2012 in RC No.19(A)/2012-CBI/Hyd, by the Special Judge, seeking suspension of the operation of the above referred order dated 28.05.2012 so far as it is against the CBI to the extent of granting judicial custody of the accused under Section 309 Cr.P.C. instead of police custody under Section 167(2) Cr.P.C.
Criminal Petition No.4768 of 2012 has been filed by the accused challenging the order dated 30.05.2012 passed in R.C. No.19(A)/2011 by the Special Judge, taking cognizance of the final report submitted by CBI on 07.05.2012 and issuing summons to the accused by assigning case No.10 of 2012 and further to direct the Special Judge to consider taking cognizance in the matter after the entire investigation is completed.
Criminal Petition No.4769 of 2012 has been filed by M/s.Jagathi Publications challenging the order dated 29.05.2012 passed in R.C. No.19(A)/2011 by the Special Judge, taking cognizance of the final report submitted by CBI on 23.04.2012 and issuing summons to the accused named in the said report by assigning case No.9 of 2012 and further to direct the Special Judge to consider taking of cognizance in the matter after the entire investigation is completed.
Criminal Petition Nos.4770 and 4773 of 2012 have been filed by M/s.Jagathi Publications and V. Vijaya Sai Reddy, respectively, challenging the order dated 30.05.2012 passed in R.C. No.19(A)/2011 by the Special Judge, taking cognizance of the final report submitted by CBI on 07.05.2012 and issuing summons to the accused named in the said report by assigning case No.10 of 2012 and further to direct the Special Judge to consider taking of cognizance in the matter after the entire investigation is completed.
Criminal Petition Nos.4771 and 4772 of 2012 have been filed by the accused and V. Vijaya Sai Reddy respectively, challenging the order dated 29.05.2012 passed in R.C. No.19(A)/2011 by the Special Judge, taking cognizance of the final report submitted by CBI on 23.04.2012 and issuing summons to the accused named in the said report by assigning case No.9 of 2012 and further to direct the Special Judge to consider taking of cognizance in the matter after the entire investigation is completed.
Writ Petition No.16128 of 2012 has been filed challenging the arrest of the accused on 27.05.2012 and to set aside the action of the respondent in causing arrest of the accused. Since the accused has been in judicial custod
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
