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Showing contexts for: right to be forgotten in The State Of Telangana And 5 Others vs Tushar Vellappally And 7 Others on 6 February, 2023Matching Fragments
40. Mr. A. Prabhakar Rao, learned counsel appearing for the de facto complainant - respondent No.8 in W.P. No.39767 of 2022, has also stated that the de facto complainant might have handed over the CDs, but there is no clear assertion and evidence to that effect. The contentions of Mr. J. Prabhakar, learned senior counsel appearing for one of the petitioners, with reference to procedure of search and handing over only the list of documents to the de facto complainant under Cr.P.C. and instructions in the Police Manual have not been controverted by the learned counsel for the respondents. Moreover, nothing is argued before this Court as to at what stage and under what provisions of Cr.P.C., the de facto complainant could have access to the documents and material seized during the investigation. The crime was registered on 26.10.2022. The electronic spy gadgets were seized on 26/27.10.2022 containing the video recording (third file) which are in the nature of trap proceedings, and undoubtedly crucial and critical part of investigation, should not have been handed over to any third party. In the political tussle between the BJP and the TRS Party, the constitutional and statutory rights of the accused seems to have been forgotten. The investigation officers have committed serious lapses. It appears, to cover up such lapses, SIT was constituted on 09.11.2022. When accused are condemned publicly and branded as conspirators levelling serious allegations by none other than the Hon'ble Chief Minister by conducting Press Meet and circulating the videos to the important constitutional functionaries, even before charge sheet is filed and at the initial stages of the investigation, it cannot be said that investigation is being done in an unbiased and fair manner.