VIJAYAWADA: The Andhra Pradesh High Court on Tuesday set aside the objection raised by the High Court registry on the quash petition filled by former minister P Narayana challenging the cancellation of his bail by Chittoor sessions court in 10th class question paper leak case.
Stating that quash petition cannot be filed against session court’s directions, instead it should be revision petition, the registry did not number it.When the objection of the registry came up for hearing before Justice R Raghunandan Rao on Tuesday, Narayana’s counsel Supreme Court senior advocate Sidharth Luthra said there is no restriction on filing quash petition under Section 482 of the CrPC Act. He cited Supreme Court verdicts to state that quash petition can be filed against session court directions.
Taking the arguments into consideration, the judge set aside the objection raised by the High Court Registry and continued hearing the quash petition. Luthra argued that Chittoor session court cancelling the bail is illegal and said magistrate court has sanctioned the bail after thoroughly examining the documents submitted.
He said those orders are not permanent and only temporary. He said police cannot file a revision petition on such temporary orders.Pointing out that Narayana is not a public servant, hence he cannot be investigated under Sect 409 of IPC. He also pointed out that Narayana has resigned to his chairman post in 2014 itself.
Additional Public Prosecutor Dushyanth Reddy appearing for the police department. submitted to the court that Additional Advocate General Ponnavolu Sudhakar Reddy has to make his arguments and requested for adjournment.