Supreme Court – Daily Orders
Raghu Ramakrishna Raju vs Central Bureau Of Investigation on 27 January, 2025
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) DIARY NO(S). 41443/2023
RAGHU RAMAKRISHNA RAJU PETITIONER(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. RESPONDENT(S)
O R D E R
The petitioner is currently a Member of the
Legislative Assembly (“MLA”) from the Telugu Desam
Party in the Andhra Pradesh Legislative Assembly,
representing the Undi constituency, and serving as the
Deputy Speaker. Respondent No.2 is an MLA representing
the Kadapa constituency, the founder of the Yuvajana
Sramika Rythu Congress Party, and the former Chief
Minister of Andhra Pradesh. He is also the son of the
late Y.S. Rajasekhar Reddy, who served as the Chief
Minister of the erstwhile united Andhra Pradesh from
2004 to 2009. Respondents No.2 to 14 are accused in
Chargesheet C.C.No.8 of 2012, filed by Respondent No.1
—the Central Bureau of Investigation (CBI) before the
Special Judge for CBI Cases, Hyderabad.
Signature Not Verified
2. Briefly stated, the facts of the case are that
Digitally signed by
during the tenure of the late Y.S. Rajasekhar Reddy as
GEETA JOSHI
Date: 2025.01.30
18:20:02 IST
Reason:
Chief Minister, allegations were made that the State
Government had extended undue benefits to certain
2corporations and individuals based on a quid pro quo
arrangement. These benefits allegedly included the
allotment of land, mineral rights, licenses, benefits
within Special Economic Zones (SEZs), and rights to
develop ports along the eastern coastline of Andhra
Pradesh, in addition to permissions for setting up of
star hotels and commercial complexes in Hyderabad and
other major cities. In return, the beneficiaries were
purportedly supposed to invest kickbacks into various
personal and corporate businesses linked to Respondent
No.2.
3. By an order dated 10.08.2011, the High Court of
Andhra Pradesh directed Respondent No.1-CBI to
investigate these allegations. Pursuant to this order,
Respondent No.1 registered a case bearing
R.C.No.19(A)/2011-CBI, Hyderabad under Sections 120B,
420, 409, and 477-A of the Indian Penal Code read with
Sections 13(2), 13(1)(c), and 13(1)(d) of the
Prevention of Corruption Act, 1988, against Respondent
No.2 and 73 others. Thereafter, Respondent No.1 filed
Chargesheet C.C. No.8 of 2012 before the Special Judge
for CBI Cases, Hyderabad, on 31.01.2012 naming
respondents 2 to 14 as accused persons. Additionally,
Respondent No.1 subsequently filed 10 more
3
chargesheets against the respondents and other accused
persons.
4. The petitioner alleges that these criminal cases
have been pending trial before the Special Judge for
CBI Cases, Hyderabad for over ten years with no
significant progress due to extraneous reasons. It is
contended that the respondents are deliberately
delaying the proceedings on multiple pretexts. Hence,
the petitioner has filed the present Transfer Petition
seeking the following reliefs:
“(a)Transfer C.C.Nos.8 of 2012 pending before
the Ld. Special Judge for CBI Cases, Hyderabad to a
court of equal and competent jurisdiction in any
other state, inter-alia the Ld.Principal District
Judge, Patiala House Court, New Delhi;
b) Pass such other and/or further order(s)
that this Hon’ble Court may deem fit and proper in
the circumstances of the case.”
5. We have heard learned counsel for the petitioner
and learned senior counsel appearing for the respondent
Nos.1 to 14 and perused the material on record.
6. During the course of submissions, learned counsel
for the petitioner has drawn our attention to the fact
that despite several orders being passed by the High
Court for the State of Telangana including the one
dated 23.07.2024, there has been hardly any progress in
4
the prosecution of the matters before the concerned CBI
Court. In this regard, the order dated 23.07.2024
passed in WP (PIL) No.77 of 2023 and Suo motu W.P.No.11
of 2023 by the High Court for the State of Telangana
has been read to us.
7. On perusal of the said order, we find that the
High Court is monitoring the progress of the case
before the concerned CBI Court. The High Court has
recorded that the CBI Court shall take up the cases
pending against the respondent No.3 therein on a day to
day basis and it has reiterated the said directions.
8. Even though the High Court has opined as above,
learned counsel for the petitioner submitted that one
of the reasons for seeking transfer of the case is
owing to the delay in the prosecution and conclusion of
the trial before the CBI Court.
9. We do not think that the transfer of the case as
sought for by the petitioner herein would any way aid
in an expeditious disposal of the case.
10. In the circumstances, we do not think that this
petition would call for any further consideration.
11. Hence, the Transfer Petition is dismissed.
Needless to observe that the directions of the High
Court shall be complied with by the concerned CBI
5
Court.
12. In view of the aforesaid order, all pending
application(s), if any, shall stand disposed of.
………………………………………………………., J
(B.V. NAGARATHNA)
…………………………………………………………………., J
(SATISH CHANDRA SHARMA)
NEW DELHI
JANUARY 27, 2025
6
ITEM NO.1 COURT NO.8 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CRIMINAL) DIARY NO(S). 41443/2023
RAGHU RAMAKRISHNA RAJU PETITIONER(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. RESPONDENT(S)
(IA NO. 107143/2024 – APPROPRIATE ORDERS/DIRECTIONS
IA NO. 228241/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA NO. 165495/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA NO. 220815/2023 – PERMISSION TO FILE PETITION (SLP/TP/WP/..)
WITH
SLP(CRL) NO. 15309-15310/2023 (II)
(IA FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON
IA 234282/2023
IA NO. 234282/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 27-01-2025 These matters were called on for hearing today.
CORAM: HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
For Petitioner(s): Mr. Balaji Srinivasan, AOR
Mr. Rohan Dewan, Adv.
Ms. Harsha Tripathi, Adv.
Mr. Vishwaditya Sharma, Adv.
Mr. Siddani Sri Venkatesh, Adv.
For Respondent(s): Mr. Suryaprakash V Raju, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Annam Venkatesh, Adv.
Mr. Zoheb Hussain, Adv.
Mr. Kanu Agarwal, Adv.
7
Mr. Rajat Nair, Adv.
Mr. Rajendra Singh Rana, Adv.
Mr. Mukul Rohtagi, Sr. Adv.
Mr. Nikhil Goel, Sr. Adv.
Mr. Ashutosh Ghade, AOR
Mr. Adithya Koshy Roy, Adv.
Ms. Siddhi Gupta, Adv.
Ms. Naveen Goel, Adv.
Mr. Amit Agrawal, AOR
Mr. Mayank Jain, Adv.
Mr. Parmatma Singh, AOR
Mr. Madhur Jain, Adv.
Ms. Aakriti Dhawan, Adv.
Mr. Arpit Goel, Adv.
Mr. Reshul Mittra, Adv.
Mr. Krishna Kumar Singh, AOR
Mr. Ranjit Kumar, Sr. Adv.
Mr. Ved P Singh, Adv.
Mr. Kushagra Pandey, AOR
Mr. S.Niranjan Reddy, Sr. Adv.
Mr. Amit Agrawal, AOR
Mr. Sahil Raveen, Adv.
Mr. Sana Jain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Transfer Petition is dismissed in terms of
the signed order.
Pending application(s), if any, shall stand
disposed of.
SLP(CRL) NOS. 15309-15310/2023
Learned counsel for the petitioner submitted that
he has instructions to withdraw these Special Leave
8
Petitions.
His submission is placed on record.
The Special Leave Petitions are dismissed as
withdrawn.
Pending application(s), if any, shall stand
disposed of.
(B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
COURT MASTER (SH) COURT MASTER (NSH)
[ad_1]
Source link
