The Telangana High Court on Friday dismissed pleas of YSR Congress Party Lok Sabha member Y S Avinash Reddy that sought a direction from the court to restrain the CBI from taking coercive steps against him, and to stay his further examination in the case pertaining to the murder of former Andhra Pradesh Minister Y S Vivekananda Reddy.
The High Court said it was not inclined to stay the examination of the petitioner under Section 161 of the CrPC (examination of witnesses by investigating agencies).
The court had reserved its orders on Monday in the applications filed by Avinash Reddy.
The CBI shall continue the investigation and may summon the petitioner under Section 160 of the CrPC (police’s power to require attendance of witnesses), if required, and the examination of the petitioner shall be audio-video recorded, the court said.
“This court is not inclined to grant relief as sought by the petitioner i.e., a direction not to take any coercive steps, since such a blanket order is impermissible,” it said.
The petitioner had failed to establish a prima facie case, the court said, adding that the balance of convenience was in favour of the investigation being continued into the alleged offence committed four years ago.
“Further, continuation of investigation does not cause any irreparable loss to the petitioner as he is still not named as an accused,” the court said, adding that while the advocate of the petitioner could not be permitted to accompany him into the room where he is examined, he could, however, be examined within the sight of his advocate.
After being issued summons by the CBI, Avinash Reddy, who is an MP from Kadapa in Andhra Pradesh, has appeared four times before the agency which is investigating the murder case.
The MP, a distant relative of Vivekananda Reddy, in the petition filed in the High Court earlier alleged that the Investigating Officer was not conducting the probe in a fair and transparent manner, as per due procedure laid down under the CrPC and the principles laid down by the Supreme Court.
Vivekananda Reddy, one of the brothers of the late Andhra Pradesh Chief Minister Y S Rajasekhara Reddy and the uncle of incumbent CM Y S Jagan Mohan Reddy, was found murdered at his residence in Pulivendula, on the night of March 15, 2019, weeks before the Assembly elections in the State.
The case was initially looked into by a special investigation team (SIT) of the state crime investigation department, but was handed over to the CBI in July 2020.
The CBI filed a charge sheet in the murder case on October 26, 2021 and followed it up with a supplementary charge sheet on January 31, 2022. PTI VVK SJR ANE VVK 3/14/2023
