Minister Srinivas Goud suffers jolt; Telangana HC refuses to quash FIR against him

Hyderabad: Telangana minister V. Srinivas Goud suffered a setback after the High Court refused to quash the FIR registered against him.

A single bench of Justice T. Vinod Kumar disposed of two criminal petitions seeking to quash FIR registered at II Town Police Station, Mahbubnagar against V. Srinivas Goud, MLA and Minister in the BRS government, and Donald Rose, former District Collector, Mahbubnagar / Returning Officer and other officials.

The FIR was registered against the Minister and other officials when Raghavendra Rao approached the Special Session Court.

Special Session Court heard the complainant and directed the SHO, Mahbubnagar II Town Police to register the case against V. Srinivas Goud and other election officials for election offences. Mahbubnagar Police investigated the case and filed a final report under Section 153 Cr.PC as "mistake of fact".

Aggrieved by the final report, Raghavendra Rao filed a Protest Petition before the 1st Additional Metropolitan Sessions Judge at Nampally Hyderabad, which is still pending adjudication.

During the course of the hearing, Justice T. Vinod Kumar observed: “Until and Unless the Lower Court finds fault with the final report of the Mahbubnagar Police, this High Court cannot hear the Criminal Petition. This court cannot do the work which has to be done by the Lower Court”

The Judge found fault with the contention of the counsel for the petitioners, who said the private complaint filed by the defacto complainant is yet to be numbered and heard. Rather, the defacto complainant has no right to file a protest petition, contended the counsel for the petitioner.

The counsel for the petitioner further informed the court that the protest petition would be heard and closed by the lower court. He prayed to hear the criminal petitions and quash the FIR. The Judge after hearing the contentions of the counsel for the petitioner said that the petitioner’s counsel cannot assume and presume that the lower court will hear the protest petition and close it.

“On a private complaint by the defacto complainant, Mahbubnagar Police have investigated and filed a final report under Section 153 Crpc as "mistake of fact" in the lower court. The petition is still pending before it and under these circumstances, this Court cannot quash the FIR,” the court said.

The judge further gave liberty to the petitioners to approach the High Court, once the Lower Court takes cognizance of the crime registered against the petitioners and proceeds further in the matter.

The Judge was hearing two criminal petitions. It is pertinent to mention that the Protest Petition filed by the defacto complainant will come up for hearing before the Special Session Court to Trial cases registered against the MP/MLA at Hyderabad.