There is no need for a fresh First Information Report in the cash-for-vote case, the Anti-Corruption Bureau officials said in a memo presented at the ACB Special Court here.
The memo was filed following the court direction issued two days ago that the cash-for-vote case be investigated afresh by the ACB. The direction was given after hearing a private complaint lodged by YSRC Mangalagiri MLA Alla Ramakrishna Reddy.
Sources said the ACB officials had contended that reinvestigating the case under section 156 (clause III) would mean registering a fresh FIR.
The ACB officials had reportedly stated in the memo that they had already registered an FIR in the case.
The matter is under investigation and further details of the case would be presented to the court before September 29 as per the direction, the ACB officials told the court.
ACB sources said issuing a fresh FIR would attract double jeopardy (procedural defence that forbids a defendant from being tried again on the same (or similar) charges in the same case). The court would be appraised of all further developments, the officials said.
Legal Correspondent adds : Meanwhile, Justice B. Shiva Shankar Rao of the Hyderabad High Court on Wednesday ordered issuance of bailable warrant against Stephenson, nominated MLA, in a contempt case. Stephenson was the complainant in the cash-for-vote scam wherein Revanth Reddy, TDP MLA is shown as the main accused.
One of the accused in this case, Jerusalem Mathaiah, had approached the High Court to quash the criminal case in the cash-for-vote scam. Justice Rao had initially stayed the arrest of Mathaiah in June 2015.
At that stage, Stephenson filed an affidavit , asking the judge to recuse from the case. His plea was rejected and the judge had initiated contempt of court proceedings.
On Wednesday, the case was listed and it was noticed that the MLA had not appeared before the court in spite of serving the notice. This was not appreciated by the judge and a warrant was issued.
‘Execute warrant’The judge directed the City Police Commissioner to execute the warrant and the MLA was directed to furnish Rs 1 lakh personal surety during the execution of warrant and also directed the MLA to be present before the court on September 30.