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Poachgate case HC stays Sec 41A CrPC notice against Jaggu Swamy; extends stay given to BL Santosh

Hyderabad: The Telangana High Court’s single bench headed by Justice K Surender on Monday stayed the SIT notice served on Jaggu Kottilil and extended the stay order of BJP leader Santosh. The judge heard the writ petition filed by Jaggu Kottilil alias Jaggu Swamy Doctor seeking to quash the impugned notice (no 455/CR-RJNR/2022) dated November 8 issued under Sec 41A CrPC by the Special Investigating Team (SIT) in crime no. 455 of the Moinabad police.

The petitioner also wanted the court to quash all proceedings, including the undated lookout notice against him by SIT. In another writ petition, Santosh sought HC to quash the impugned notice issued by SIT.

Advocate-General Banda Shivananda Prasad informed the bench that none is above law. How influential a person he may be Section 41A CrPC clearly mentions that if notice is given, the accused or suspect must have to comply with it. “We cannot go into the mind of the investigating officer for what purpose he has called the suspect or the accused”.

He argued that the case is a high profile one where investigation can’t be stalled at this stage. On behalf of the petitioner, senior counsel Vemulapati Pattabhi argued that the police cannot directly issue notice under Section 41A CrPC; there are certain norms which have to be followed.”Section 41 A CrPC nowhere says to produce documents. The notice was issued without following due course of law.

On the day the notice is issued through email, a lookout notice is issued; how far it is acceptable by law”, argued Pattabhi. He averred that “Section 41A CrPC is a binding order. There cannot be an order to bring documents and material evidence before the investigating officer.”

The arguments were postponed to post-lunch session. Senior counsel Desai Prakash Reddy requested the court to postpone the hearing as he is busy with personal issues. B Rachna Reddy, counsel for Santosh, informed the court to extend the stay order under Sec 41A CrPC against him.

Hearing in the case was adjourned to December 13. Teenmaar Mallanna files plea seeking permission for padayatra On Monday Chintapandu Naveen Kumar @ Teenmaar Mallanna, journalist of Q news web channel, filed a lunch motion petition in the HC questioning the order of the SP, Bhadradri-Kothagudem, dated November 26, rejecting the request of the petitioner organisation to conduct ‘padayatra’ in the district.