ORDER :

1. F.I.R. No.455 of 2022 was registered for the offences punishable under Sections 120-B and 171-B read with Sections 171-A and 34 of the Indian Penal Code 1860 (for short ‘IPC’) and Section 8 of the Prevention of Corruption Act 1988 (for short ‘PC Act’), on the file of the Station House Officer, Moinabad Police Station, Cyberabad Police Commissionerate on a report dated 26.10.2022 lodged by respondent No.8 in W.P. No.39767 of 2022. The said report is as under:

“I, Pilot Rohit Reddy, MLA, Tandur Assembly Constituency of Vikarabad District, inform you that I am an MLA from TRS party and representing the above constituency. It is to further inform you that on 26-09-2022, one Ramachandra Bharati @ Satish Sharma native of Delhi and one Nanda Kumar resident of Hyderabad both of them belonging to BJP met me and negotiated with me to not to contest as candidate from TRS party and to join in BJP by resigning from TRS party and to contest in the next elections from BJP for which they offered me an amount of Rs.100 Crores (Hundred Crores) and also offered to give Central Government civil contract works and other High Central Government positions for monetary benefits and lured me to join in BJP. They also stated that if I am not joining in BJP there will be criminal case and raids by E.D./CBI and the Telangana Government led by TRS party will be toppled by them. Since the above inducement of bribe by a political party to me is unethical, undemocratic and encouraging corruption and polluting the Politics, I decided not to entertain such unethical practice by the above persons. Today i.e. on 26-10-2022, they again contacted me and informed me that they are coming in the afternoon hours to my farmhouse located at Azeez Nagar, Moinabad for negotiation and also informed me to mobilise some other TRS MLAs for offering them bribe of Rs.50 Crores each to join BJP. They also further induced me and other MLAs to receive amounts and to discharge their public duties improperly and dishonestly so that the Telangana Government led by TRS party is destabilized. They informed that three persons namely Ramachandra Bharati @ Satish Sharma of Delhi, one Nanda Kumar and one Simhayaji Swamy of Tirupathi would come to my farm house to finalize the deal of joining in BJP by resigning from TRS party. Therefore, I request you to kindly take necessary legal action against the above persons and the persons behind this conspiracy for offering me bribe to resign from TRS and also to join in BJP by indulging in unethical and undemocratic ways of offering huge amounts as bribe.”

W.P. No.39767 of 2022 :

2.1. This writ petition is filed by the petitioner - Bharatiya Janata Party, Telangana, represented by its State General Secretary Mr. Gujjula Premender Reddy on 27.10.2022 seeking writ of mandamus declaring action of the respondents in undertaking biased and unfair investigation in F.I.R. No.455 of 2022 with a sole intention to frame the petitioner political party and damage its reputation at the instance of the ruling party dispensation as being illegal, arbitrary and in gross violation of Articles 14 and 21 of the Constitution of India and also contrary to the settled principles of free and fair investigation and consequently to transfer the investigation in F.I.R. No.455 of 2022 from the file of respondent No.5 to respondent No.7 -the Central Bureau of Investigation, represented by its Director, New Delhi or to constitute a Special Investigation Team (SIT) to conduct enquiry in the said crime in a free and fair manner.

BRIEF AVERMENTS :

2.2. The election commission announced 03.11.2022 as the date for bye-election for 93 - Munugode Assembly Constituency and counting of votes was scheduled on 06.11.2022 vide its schedule for bye election No.ECI/PN/73/2022 dated 03.10.2022. During campaign, as the BJP Party was getting overwhelming response from the public of Munugode Assembly Constituency, the ruling TRS Party from the beginning of the election campaign was tryin