K. Aroah v. Acb, Ciu And Another

High Court for the State of Telangana The Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan and The Hon'ble Sri Justice A. Abhishek Reddy W.A. Nos.109 & 110 of 2020 Date: 26-02-2020 W.A.No. 109 of 2020 Between:

K. Aroah ...Appellant And ACB, CIU, Telangana State, Hyderabad, O/o D.G., ACB., Telangana Road No.12, MLA Colony, Banjara Hills, Hyderabad, rep. by Inspector of Police & another

...Respondents

Counsel for the appellants:

Mr. S. Niranjan Reddy, Senior Counsel for Ms. Gorantla Sri Ranga Pujitha Counsel for respondents: Mr. V. Ravi Kiran Rao The Court made the following:

HCJ & AAR, J W.A. Nos. 109 & 110 of 2020 Dt: 26-02-2020 Common Judgment: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan) Both these writ appeals emanate from the same order, namely common order dated 29-01-2020, passed by the learned Single Judge, in W.P. Nos. 534 and 549 of 2020, whereby the learned Single Judge has dismissed the writ petitions filed by the appellantspetitioners challenging the action of the ACB, respondent No. 1, in freezing their accounts.

In the case of Ram Kishan Fauji vs State of Haryana and others1, the Hon'ble Supreme Court had already opined that a Letters Patent Appeal is not maintainable against an order passed by the learned Single Judge in exercise of the criminal jurisdiction. Since the petitioners have challenged the steps taken by the respondent No. 1 in its investigational proceedings, obviously, the writ petitions pertain to criminal jurisdiction. Hence, the impugned orders have been passed by the learned Single Judge in exercise of the criminal jurisdiction. Therefore, in the light of the principle laid down by the Hon'ble Supreme Court in the case of Ram Kishan Fauji supra, the present appeals are not maintainable.

1 (2017) 5 SCC 533

HCJ & AAR, J W.A. Nos. 109 & 110 of 2020 Dt: 26-02-2020 Therefore, the present appeals are dismissed as not maintainable. However, the appellants are free to work out their remedies as provided by law.

As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

____________________________ (Raghvendra Singh Chauhan, CJ) ____________________ (A. Abhishek Reddy, J) Dt: 26-02-2020 lur