The prosecuting agency has not been able to secure any direct ocular, ORAL OR documentary evidence in support of any of the charges against any of the accused. The link sought to be made between the alleged favors received by the incorporates and the investments received by Jagathi does not answer the tests required for proving a prior conspiracy as mandated for attracting section 120 B of Indian Penal Code.
Section 409 of IPC does not apply to Shri Y.S. Jaganmohan Reddy or A2 since they were not public servants at the relevant point in time who could have granted official favors and there is no accusation that either of them by any overt acts of influence, evidenced on record , had secured any benefits for any individuals or incorporates
All the conclusions and inferences drawn by the prosecuting agency are not on the basis of evidence available on record and they do not even satisfy the minimal test of preponderance of probabilities, leave alone proof beyond reasonable doubt required in a criminal case.
There is no bar for the CBI to attempt to file further charge sheets in the case. The non-mention of liberty for the CBI to file for the charge sheets, in the present case by itself does not bar the CBI from filing for the charge sheets, having regard to section 173 (8) of CRPC .
The reason why they had to plead and reserves its liberty in the charge sheets were filed in OMC and Emaar case is that prior to the filing of the bill in the charge sheet, perhaps a few weeks prior, there had arrested individuals against whom they could not make the required charges, vide 5 of filing of the past the charge sheet against the accused who had been arrested initially in the said cases. In the instant case only A2 was arrested and none of the rest of the accused shown as such in the charge sheet had been arrested. The supplementary charge sheets had been necessitated in OMC and EMAAR view of the fact that the prosecution had made arrests at various points in time and having regard to the mandate of law with reference to completion of investigation and the times and therefore, that the filed charge sheets with reference to the dates of arrest of the accused initially.
In the instant case, if conventional practice and criminal jurisprudence is applied, can’t attach it is filed, the matter is deemed to be in the province of the court thereby requiring the prosecution to stay its hands off from any of the arrayed accused. The procedure not to be followed is that the magistrate would initiate steps for taking cognizance of the charges made which would be the first stage in the process of initiating of trial into the matter, which would be after the process of serving the summons in regard to the charge sheets of the accused, and the framing of charges after securing the statements of the accused and the regular trial thereafter.