HYDERABAD: In a major relief for BJP national general secretary (organisation), BL Santhosh, Justice K Surender of Telangana High Court on Friday stayed the operation of the notice issued by the Special Investigation Team (SIT) under Section 41A of the Criminal Procedure Code (CrPC) to the BJP leader, summoning him to appear before it on November 26 or 28, in connection with the probe into TRS MLAs poaching case.
“Prima facie, this court believes the requirements indicated in the notice under Section 41A CrPC issued to BL Santhosh are missing,” the judge stated in his order. “This court thinks it proper to stay the issue of notice dated 23-11-2022 till next date of hearing on 5-12-2022.”
Notice issued to Santhosh not tenable: Court
In his order, the judge stated that: “The investigating agency cites in its petition that (i) reasonable grounds or complaint is made against the noticee (ii) there is reasonable suspicion against the noticee (iii) credible information against the noticee is received to summon the noticee have not satisfied the requirements under Section 41A of the CrPC. The notice cannot be issued under Section 41A if the aforementioned condition is not met,” the judge ruled.
D Prakash Reddy, senior counsel for Santhosh, since the commencement of the hearing, claimed that both the notices issued to the BJP leader failed to meet the fundamental prerequisites under Section 41A CrPC and urged the court to quash them. The State’s Advocate General informed the court that the SIT had substantial and credible information against Santhosh in the TRS MLAs poaching case. The court stayed the notice given to Santhosh and adjourned the case to December 5.