Andhra Pradesh High Court - Amravati
Between vs Anti Corruption Bureau on 1 October, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
:PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI CRL.P.No. 1011 of 2019 Between: Sri Chinthalapalli Patta Govinda Raju, S/o. C.P. Lakshmipathhi Raju. Petitioner. AND Anti Corruption Bureau, Kadapa, Tirupati Range, Tirupati, Chittoor District, rep. by.its Special Public Prosecutor, High Court of A.P., Amaravathi. Respondent Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to invoke its extraordinary jurisdiction under Section 482 of Cr.P.C. and declare that the continuation of proceedings in CC.NO. 21/2017 (Cr.No.10/RCA-TCT/2011 of ACB, Tirupati Range) on the file of the Special court for SPE and ACB Cases, Kurnool, inspite of declaration under Section 5(1) and 6(2) of AP Specia Courts Act 2016 vide Gazette Notification No.156 Part il Extraordinary dated 15.10.2018 issued by the Government of Andhra Pradesh under Section 5(1) of the AP Special Courts Act 2016, as illegal and contrary to AP Special Courts Act 2016 and its continuation would be abuse of process of court and consequently to declare the proceedings in CC.No.21/2017 on the file of the Special court for SPE and ACB Cases, Kurnool as nonet in the eye of law, and also declare that confiscation case i.e., CC.3/2018 on the file of Authorized officer, ACB Range, Vijayawada cannot be dealt with independently without there being transfer of criminal proceedings in Cr.No.10/RCA-TCT/2011 of ACB, Tirupati Range. |.A.No. 1 of 2019: Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to stay all further proceedings in CC.No. 21/2017 (Cr.No. 10/RCA-TCT/2011 of ACB, Tirupati Range) on the file of Special Court for SPE and ACB Cases, Kurnool and CC.No.3/2018 on the file of Authorized Officer, ACB Range, Vijayawada, in the interest of justice pending disposal of Cri.P.No. 1011/2019 on the file of the High Court. The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and the orders of the High Court dated. 21-02-2019, 12-03-2019, 27-03-2019, 18-04-2019, 14-06-2019, 05-07-2019, 27-11-2019, 27-12-2019, 24-01-2020, 07-02-2020 & 28.02.2020 made herein and upon hearing the arguments of Sri N. Bharath Babu, Advocate for the Petitioner and of Sri S.M.Subhan, Standing Counsel for ACB for the Respondent, the Court made the following ORDER:
(Through Video Conferencing) Heard learned counsel for the parties. Interim order passed earlier shall remain in operation until further orders. Immediately on resumption of physical hearing, the case be listed for further orders.
SD/-K.JAGAN MOH DEPUTY R&GIST. aR HTTRUE COPY// at) SECTI FFICER To The Special Court for SPE and ACB Cases, Kurnool. The Inspector of Police, A.C.B., Tirupati Range, Chittoor District. Two CCs to Sri S.M.Subhan, 'Standing. Counsel (OPC) One CC to N. Bharath Babu, Advocate (OPUC) One spare copy.
aohwon> SRL HIGH COURT HC,J DATED: 01-10-2020 ORDER CRLP.No.1011 of 2019 INTERIM ORDER EXTENDED