HC stays home secretary's order to prosecution
Hyderabad: A two-judge bench of the Telangana High Court on Thursday stayed a notice issued by the state home secretary to the deputy director, prosecution. The bench, comprising Chief Justice Ujjal Bhuyan and Justice Tukaramji was dealing with a writ petition filed by P. Manjula. She questioned the action of the additional public prosecutor and deputy director prosecution issuing a charge memo against her on April 10. She challenged the position of the directorate of prosecution under the home ministry. Dr. Lakshmi Narasimha, counsel appearing for the petitioner, contended that the proceedings facing the directorate were beyond the competence of state government and contrary to the provision of Criminal Procedure code.
The writ petition pointed out that the apex court has made it clear that the prosecution and investigation should be solid, different and distinct. In the present case, the home secretary being the head of the police department cannot lead the prosecution, the petitioner contended.
Rape accused gets conditional bail
Justice C. Sumalatha of the Telangana High Court on Thursday enlarged on bail a person accused in a rape case. The judge granted conditional bail to 31-year-old B. Hari Babu, who is facing rape charges. According to the victim, the petitioner had deceitfully obtained her consent. However, it is the case of the petitioner that there was consensual sex between the parties only after which the complainant proposed marriage to which the petitioner refused. He said that there was no attempt on his part to deceive the victim. The petitioner has been asked to report to the Kushaiguda police station every Sunday and execute a bond for Rs 50,000.