High Court dismisses IAS officer Srilakshmi’s plea

IAS officer Y Srilakshmi  

Noting that the Supreme Court had in several decisions deprecated the practice of staying criminal trials and police investigations, Justice Shameem Akther of Telangana High Court dismissed a criminal petition filed by IAS officer Y. Srilakshmi of Andhra Pradesh in a CBI case involving Obulapuram Mining Company.

The judge noted that the officer, against whom the CBI had filed a charge-sheet, failed to present valid grounds for the court to invoke Section 482 of Criminal Procedure Code to stall CBI Court proceedings. The interim order issued by the HC on this July 9 in the matter was vacated.

Though Section 482 of Cr.P.C. conferred wide powers on HC, they are to be used sparingly and with abundant caution, the judge said. The inherent power can be used only when there was abuse of court process or to secure ends of justice, the verdict said. The IAS officer’s case did not come under such exceptional case where the power had to be invoked, the judge said.

The petitioner’s counsel contended that the CBI Court can conduct hearing on framing of charges and discharge application ‘only after the CBI filed the final report’. However, the CBI lawyer argued that investigation into the alleged illegal mining was completed.

The issue of illegal mining at the areas abutting the inter-State border between Andhra Pradesh and Karnataka was sub-judice with the apex court seized of the matter, the counsel said. It was the prerogative of the investigating agency to probe into particular issue in a case and the petitioner cannot compel CBI to investigate a particular matter, the CBI lawyer argued.

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Printable version | Oct 18, 2021 8:32:04 PM | https://www.thehindu.com/news/cities/Hyderabad/high-court-dismisses-ias-officer-srilakshmis-plea/article36636744.ece

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