HYDERABAD: Former chief minister K Chandrasekhar Rao and former minister T Harish Rao have filed a petition in the Telangana High Court to quash an order passed by the principal sessions judge of Jayashankar Bhupalapally district regarding a criminal petition alleging irregularities in the Kaleshwaram project.
It may be recalled that N Rajalingamurthy of Jayashankar Bhupalpally district had filed a complaint under Section 200 of CrPC-1973 against KCR, Harish Rao and six others with a prayer to the Junior Civil Judge cum Judicial Magistrate of First Class to refer the complaint to the police for investigation under Section 156 (3) of CrPC into the allegations of irregularities in the construction of the Kaleshwaram Lift Irrigation Scheme.
After considering the matter in detail, the magistrate dismissed the complaint on January 12, 2024, on the ground that the said court lacked jurisdiction as it is designated the Special Court for trial of offences under the Prevention of Corruption Act, 1988.
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Following this, Rajalingamurthy filed a revision petition before the principal sessions judge, Jayashankar Bhupalapally.
The sessions judge exercised the powers of revision allowing an application seeking to set aside the dismissal order on a private complaint filed by the defacto complainant.
Advocates appearing for KCR and Harish Rao, in their petition filed in the High Court, argued that the sessions judge failed to see that the magistrate dismissed the complaint on the grounds of want of jurisdiction. “By allowing the revision petition, the sessions judge has in effect reopened the question of jurisdiction of the magistrate to entertain the complaint,” the petition said.
It argued that once the magistrate has come to a conclusion that he doesn’t have jurisdiction, the same cannot be conferred by an order under revision by the principal sessions judge, it contended.
“Therefore, the question of issuing notices to the petitioners herein for the purpose of adjudication of the correctness of the decision of the magistrate is ex facie illegal,” the petition said.
“The reasoning adopted by the sessions judge that if the revision petition is not allowed, it will send a wrong message to the society is absolutely uncalled for. The further observation that the criminal revision petition is to be numbered to instil confidence in the judiciary is equally uncalled for and goes beyond the contours of the lis involved. It is further prayed that this court may be pleased to suspend the order of the principal sessions judge, pending disposal of the above criminal petition in the interests of justice,” the petition said.