Telangana HC stays FIR against I-T officer for now

He said that the I-T officer was given the authority to record statements under Section 134 of the IT Act, and such recordings are exempt from the provisions of Section 383 of the IPC.
Telangana High Court. (File Photo)
Telangana High Court. (File Photo)

HYDERABAD: The Telangana High Court on Friday stayed for four weeks the investigation of the case registered against Income-Tax (Investigation) deputy director CMD Ratnakar by Bowenpally police based on a complaint lodged by Labour Minister Ch Malla Reddy’s son Ch Bhadra Reddy. In his complaint, Bhadra Reddy alleged that his brother Mahender Reddy was forced to give a confession to the I-T officer during the recent searches.

Additional Solicitor General of India T Surya Karan Reddy, appearing for Ratnakar, sought the quashing of the FIR issued against the petitioner by Bowenpally police for an alleged offence under Sections 383 and 384 of the IPC.He sought the court to rule that, based only on the allegations in the complaint, the officers’ alleged activity does not violate Section 383 of the IPC.

In addition, Section 132 of the Income Tax Act gives the IT Officer the authority to conduct IT searches, and on November 22, 2022, the petitioner exercised this authority while discharging official duties at Malla Reddy’s home at Palm Meadows, Kompally, the ASGI said.

He said that the I-T officer was given the authority to record statements under Section 134 of the IT Act, and such recordings are exempt from the provisions of Section 383 of the IPC. Additionally, the IT Act’s Section 293 prohibits any prosecution of an I-T officer who is acting in good faith while performing an official duty.

Public prosecutor C Pratap Reddy, who appeared for the prosecution, argued that the I-T officer’s alleged behaviour went beyond the scope of discharging his official responsibilities and that the confession was made under pressure. Justice K Surender, after hearing the two sides, postponed hearing on the FIR filed against the I-T officer for a period of four weeks.

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