Andhra Pradesh high court stays prosecution order against ex-minister Nani

Vijayawada: The high court on Tuesday stayed the govt order permitting the prosecution of former minister Kodali Srivenkateswara Rao (Nani) in a case registered for objectionable comments made against the then state election commissioner (SEC) and opposition leader N Chandrababu Naidu during the local body elections in 2021. The high court pulled up the Krishna district collector, SP and Gudivada SHO for filing the charge sheet while the matter was under examination.Nani moved the high court challenging the GO issued by the state govt based on a letter written by the Krishna district collector seeking approval for prosecuting Nani. The high court earlier directed the govt pleader to submit details of the case.While the matter is pending before the high court, the police filed a charge sheet on June 29 before the trial court. Noticing the same, Justice Y Lakshmana Rao asked how the officials filed a charge sheet while the matter is pending before the high court.

He said that the high court will teach the concerned officials a lesson by initiating contempt proceedings.Justice Lakshmana Rao also found fault with govt pleader Jayanti for not conveying the court's directions to the officials. He suggested that she not become a mouthpiece of officials and should remember that a govt pleader is an officer of the court.Arguing on behalf of Nani, senior counsel C Raghu said that the sections framed against Nani are punishable with less than three years of jail term.

When the charge sheet is filed after three years of the occurrence of the offence, in which the maximum punishment is less than three years, the trial court should not take cognisance of the charge sheet, he said.Jayanti, on the other hand, argued that it is the prerogative of the trial court whether to take cognisance of the charge sheet or not, and the high court should not interfere at this stage. Considering the submissions on both sides, Justice Lakshmana Rao observed that there is a bar on taking cognisance of such cases under Section 468 of CrPC and found fault with the state govt for giving permission for prosecution after the lapse of five years.Staying the govt order and the subsequent proceedings issued by the collector till further orders, the high court posted the matter for further hearing on July 7.