There have been many cases wherein the state courts give the investigation part to leading investigating authorities, the same has happened in the case of SEC Ramesh Kumar. The Andhra Pradesh High Court on Monday commanded the Criminal Investigation Department (CID) to not proceed further with the investigation against State Election Commissioner (SEC), N Ramesh Kumar and assistant secretary of the election commission, Samba Murthy until the government files a counter-affidavit.

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The judgment was given by a single-bench judge Justice D Ramesh. “Is there permission to file a criminal case against the SEC?” Justice Ramesh was quoted as saying by a leading media house. Challenging the writ petition filed by Ramesh Kumar, Government Pleader (GP) Ch. Sumon said that the SEC was a stranger to the prosecution as he had not been named in the FIR. Sumon cited Supreme Court judgments which held that third parties and strangers could not seek quashing of FIRs, according to a leading daily. 

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However, ordering an interim stay on the CID’s investigation, the court posted the matter for next week. SEC Ramesh Kumar approached the High Court last week seeking a CBI inquiry into the “frivolous” case against him by the Andhra police and asked the court to quash the FIRs against him stating that the CID was interfering with the functioning of the election commission and undermining its autonomy.  In his petition, Ramesh Kumar also asked the investigating authorities to return the equipment seized from their office.

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