HYDERABAD: The Telangana High Court has quashed a magistrate’s order allowing a potency test on suspended trainee IPS officer M Uday Krishna Reddy, who is accused of sexually assaulting a fellow woman trainee IPS officer, holding that the prosecution’s application was not legally sustainable.
Justice J Srinivas Rao on Wednesday set aside the order passed by the III Additional Junior Civil Judge-cum-XXV Additional Judicial Magistrate of First Class, Rangareddy district, Rajendranagar, on August 17.
Uday had challenged the order through a criminal petition. The prosecution had sought permission to conduct his potency examination under Section 52 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He opposed the request, arguing that the proposed examination was not legally sustainable.
The high court, after considering principles laid down by the Madras and Karnataka High Courts in similar matters, held that the prosecution’s application was not in consonance with those principles.
Accordingly, the judge set aside the magistrate’s order permitting the potency test. However, the court clarified that its decision would not prevent the prosecution from filing an appropriate petition in accordance with law if the need arose.
Uday is currently under suspension and in judicial custody in connection with the case. His separate petition seeking quashing of the FIR is pending before the Telangana High Court.