Criminal revision case against KCR, Harish Rao at Jayashankar Bhupalpally court is maintainable: High Court

Justice K. Lakshman of Telangana High Court on Tuesday held that the criminal revision petition filed before the Principal Sessions Judge of Jayashankar Bhupalpally district against former Chief Minister K. Chandrasekhar Rao and former Minister T. Harish Rao was maintainable.

The judge, however, set aside the order of the district judge to the extent of some observations made in thirteenth paragraph of the order. The judge instructed PSG of the district to adjudicate the criminal revision petition in accordance with the law.

A person Nagavelly Rajalingampurthy of the same district filed a private criminal complaint in November of 2023 against the former CM and the former Minister alleging that they misappropriated public money in construction of Kaleshwaram project by colluding with some accused. This had resulted in huge loss to the State exchequer, he charged in his private complaint. He even lodged the same complaint before the House Officer of Bhupalpally police station. Stating that police had not acted upon his complaint, he approached the local court.

After recording the petitioner’s sworn-in statement, the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Jayashankar Bhupalpally district dismissed the complaint. The magistrate observed that only a special court constituted under the Prevention of Corruption Act can entertain the complaint as the allegations made by the petitioner constitute an offence under PC Act. Challenging this, the petitioner filed a criminal revision petition. On July 10, 2024, the revisional court (Sessions Judge court) overruled objections over maintainability of the revision petition and directed the officer to allot number to it.

Passing an order to issue notices to the ex-CM and ex-Minister, the revisional court held that the JMFC had power to take cognizance of cases even triable by a Sessions court. The JMFC can take cognizance and commit the same to the Session court, the revisional court said. Challenging this decision, Mr. Chandrasekhar Rao and Mr. Harish Rao moved the HC.

Justice K. Lakshman observed that the petitioners’ contention that criminal revision was not maintainable was misplaced. Initially, the criminal complaint was dismissed which was a final order. Since it was a final order, the complainant had right to file revision case which was maintainable, the judge held.