Kurapati Shanker v. The Special Chief Secretary

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.312 of 2018 O R D E R:

Heard Sri T.G.S. Srivatsava, learned counsel for petitioners and Sri T.L. Nayan Kumar, leaned Special Standing Counsel for ACB (TS) and this Criminal Revision Case is disposed of at the admission stage with their consent.

2.

This Criminal Revision Case is preferred by the petitioners aggrieved by the notice dated 20.10.2017 issued under Sections 3 & 4 of Criminal Law (Amendment) Ordinance Act 1944 by the First Additional Special Judge for SPE & ACB Cases -cum-V Additional Chief Judge, City Civil Court, Hyderabad. By the said notice, the Court while posting the attachment petition in Crl.M.P.No. 824 of 2017 to 22.11.2017, directed the petitioners to appear before the Court and show cause as to why the movable and immovables noted in Annexures I to VIII of the petition cannot be attached. Pending notice, the Court directed interim attachment of the properties.

3.

Learned counsel for petitioners submits that pursuant to the notice, the petitioners have appeared before the trial Court but they did not put up their counter so far.

4.

In that view of the matter, their grievance cannot be agitated before the High Court since they have not admittedly filed their counter to the show cause notice issued by the Court.

5.

Therefore, the petitioners are given liberty to appear before the trial Court and file their counter against show cause notice issued by the Court within two weeks, in which case, the trial Court shall consider the same and pass appropriate orders on merits.

6.

Criminal Revision Case is disposed of accordingly. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 08.02.2018 KA Note: Furnish copy by tomorrow