SC stays HC's order quashing CBI FIR against Telangana minister, wife in DA case

In a trouble to Telangana Education Minister Audimulapu Suresh and his civil servant wife, T N Vijayalakshmi, the Supreme Court has stayed the High Court's order which quashed a 2017 FIR lodged by the CBI against them in a case of possessing assets disproportionate to their known sources of income.

A bench of Justices D Y Chandrachud and M R Shah issued notice to the couple on CBI's petition contending that the HC in its order of February 11, 2020, impermissibly went into details of the matter more akin to a trial.

Acting on the couple's plea, the High Court had held that the probe in the matter was unsustainable.

The court's order, passed on Friday, would mean that the Minister and his wife would continue to face the investigation in the matter.

The CBI claimed the couple was found in possession of disproportionate assets to the tune of Rs 1,10,81,692/- which is 22.86% more than the known sources of income.

Appearing for the CBI, Additional Solicitor General Sanjay Jain submitted that the single-judge bench of the High Court, in breach of the well-settled principles laid down by this court, quashed an FIR in the case involving allegations of the possession of disproportionate assets, under Section 109 of the Indian Penal Code 1860 read with Section 13(2) and Section 13(1)(e) of the Prevention of Corruption Act 1988.

The CBI's ACB Chennai registered an FIR on September 20, 2017, against 1992-batch IRS officer Vijayalakshmi and her former civil servant-turned-politician YSRCP MLA Suresh, alleging they have acquired assets to the tune of Rs 5,95,58,322 against the income of Rs 4,84,76,630 during the check period of April 1, 2010, to February 29, 2016. Therefore, it was alleged they had acquired disproportionate assets to a tune of Rs, 1,10,81,692 which is 22.86 % of their income.