JUDGMENT :

Ujjal Bhuyan, J.

This judgment and order will dispose of writ appeal Nos.36, 37, 41, 42, 43 and 44 of 2023.

2. With the consent of learned counsel for the parties, all the writ appeals have been taken up for final hearing at the admission stage itself.

3. All the writ appeals arise out of the common judgment and order dated 26.12.2022 of the learned Single Judge disposing of writ petition Nos.39767, 40733, 42228, 43144 and 43339 of 2022.

4. In the course of hearing, Mr. Dushyant Dave, learned Senior Counsel for the appellants argued writ appeal No.37 of 2023 arising out of writ petition No.40733 of 2022 as the lead appeal.

5. We have heard Mr. Dushyant Dave, learned Senior Counsel appearing for Mr. B.S. Prasad, learned Advocate General for the appellants in writ appeal Nos.36, 37, 43 and 44 of 2023; Mr. Gandra Mohan Rao, learned Senior counsel appearing for Mr. A. Prabhakar Rao, learned counsel for the appellant in writ appeal Nos.41 and 42 of 2023 and for respondent No.3 in writ appeal No.36 of 2023, respondent No.6 in writ appeal No.37 of 2023, respondent No.4 in writ appeal No.43 of 2023 and respondent No.4 in writ appeal No.44 of 2023/de facto complainant; Mr. D.V. Sitharam Murthy, learned Senior Counsel appearing for Mr. M.V.V. Baswa Rao, learned counsel for respondent Nos.1, 2 and 3 in writ appeal No.36 of 2023 (writ petitioners); Mr. L. Ravichander, learned Senior Counsel appearing for Mr. M.V.V. Baswa Rao, learned counsel for respondent Nos.1, 2 and 3 in writ appeal No.42 of 2023 (writ petitioners); Mr. J. Prabhakar and C. Damodar Reddy, learned Senior Counsel appearing for Mr. Balasubrahmanyam Kumarsu, learned counsel for respondent No.1 in writ appeal No.44 of 2023; Mr. S.D. Sanjay Tiwari, learned Senior Counsel appearing for Ms. Bandaru Hima Varshini, learned counsel for respondent No.1 in writ appeal Nos.36 of 2023 and 41 of 2023; Mr. Udaya Holla, learned Senior Counsel appearing for Mr. V. Ram Mohan Reddy, learned counsel for respondent No.1 in writ appeal No.43 of 2023; Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for Union of India and Mr. N. Nagendran, learned counsel for Central Bureau of Investigation (CBI).

Facts:

6. As noted above, writ appeal No.37 of 2023 arises out of writ petition No.40733 of 2022. 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 F.I.R.No.455 of 2022 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.

7. It may be mentioned that F.I.R.No.455 of 2022 was registered on the file of Station House Officer, Moinabad Police Station, Cyberabad Police Commissionerate under Sections 120-B and 171-B read with Sections 171-E, 506 and 34 of the Indian Penal Code, 1860 (IPC) as well as Section 8 of the Prevention of Corruption Act, 1988. F.I.R.No.455 of 2022 was registered on the basis of the first information dated 26.10.2022 lodged by Mr. Pilot Rohit Reddy, respondent No.8 in writ petition No.40733 of 2022. In the first information, Mr. Pilot Rohit Reddy stated that he is a Member of Legislative Assembly (MLA) belonging to the Telangana Rashtra Samithi (TRS) party representing Tandur Assembly Constituency of Vikarabad District. On 26.09.2022 one Ramachandra Bharati @ Satish Sharma from Delhi and one Nanda Kumar from Hydera