Brief Facts
- The Appellant is the daughter of the deceased. The deceased, YS Vivekananda Reddy, was the brother of Shri YS Rajasekhara Reddy, former Chief Minister of the undivided State of Andhra Pradesh. The deceased, was found to have been murdered at his house on the night intervening 14/15 March 2019. Thereafter the FIR was lodged. A Special Investigating Team was constituted by the Director General of Police headed by the Additional Director General of Police (CID).
- The appellant instituted a petition before the High Court seeking a transfer of the investigation to the Central Bureau of Investigation (CBI) and the High Court directed that the CBI shall conduct further investigation.
- Apprehending arrest, the first respondent moved an application for anticipatory bail before the High Court. The High Court by its order, directed that the first respondent shall attend the office of the CBI between 19 and 25 April 2023; the questions and answers shall be in the printed/written form and a questionnaire may also be handed over to the first respondent. In the meantime, the High Court has directed that the first respondent shall not be arrested and directed the proceedings to stand over to 25 April, 2023.
Issues
- Whether the High Court was justified in granting an ad interim stay of arrest?
- Whether the High Court was justified in directing that the examination before the CBI in the course of the investigation shall be “in printed/written form” during the course of which a questionnaire may also be handed over to the first respondent?
Held
- The Hon’ble Apex Court allowed the appeal and set aside the impugned order of the High Court.
- The above finding of the High Court at this stage is premature, particularly in the context of what has been stated by the CBI on affidavit. Having due regard to what has been stated by the CBI in its affidavit, we are clearly of the view that the High Court has misapplied itself and passed an extraordinary order in terms of the directions which have been issued.
- An order of this nature would stultify the investigation. There is absolutely no warrant for the High Court to direct that the investigation of a person who has been interrogated as a suspect in the conspiracy should be in the printed or written form. Similarly, it is wholly inappropriate for the High Court to observe that the questionnaire may also be handed over to the respondent. Such orders of the High Court are liable to gravely prejudice the course of investigation. Particularly at this stage when the CBI is to fully investigate the crime and the role of several accused who do not form a part of the charge sheet as submitted, we are of the view that the directions issued by the High Court were unwarranted.
Relevant Para No.
- 29, 30
