P. Prabhakar, v. State

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7376 OF 2015 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner seeking to quash the order dated 24.6.2013 in Crl.M.P.No.626 of 2012 in C.C.No.12 of 2013 on the file of Special Judge for SPE & ACB Cases, Vijayawada City, Vijayawada in respect of item No.8 of Annexure-II pertaining to the petitioner herein. By the impugned order, the Court below made absolute the interim order of attachment dated 31.7.2012 in respect of property shown in Annexure I to IX. The petitioner herein is the third party to the impugned proceedings. His grievance before this Court is that while passing the order of attachment, the trial court failed to issue notice to the petitioner herein, who is owner of flat No.101 of Ashok Residency Apartments, situated at Hydershakote Village, Rajendra Nagar Mandal, R.R.District described as item No.8 of Annexure-II. According to the petitioner, he being the owner of a flat in respect of the property covered by item No.8 of Annexure-II, the trial Court ought to have issued a notice to him even before passing the impugned order.

The further grievance of the petitioner is that he is not aware of the attachment proceedings and hence, he prayed this Court to direct the trial Court to hear the petitioner herein as far as the said property is concerned and to pass appropriate order.

In the facts and circumstances of the case, the petitioner herein is directed to file a fresh application with the similar relief sought for before this Court within one month from today and the trial Court is directed to consider the same and pass appropriate orders on or before 23rd December, 2015 after hearing the

parties.

The Criminal Petition is disposed of accordingly. Consequent thereto, the Miscellaneous Petitions, if any, shall stand closed.

________________________ JUSTICE RAJA ELANGO 10.09.2015 Tsr