Tella Srinivasa Rao v. The State

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.632 OF 2016 JUDGMENT:

This Criminal Appeal is preferred by the appellant/third party challenging the order, dated 23.09.2015, passed in Crl.M.P.No.998 of 2015 by the Court of the Principal District and Sessions Judge, West Godavari District, at Eluru (Special Court under the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999), whereby the learned Judge allowed the petition filed by the State and made absolute the ad interim order of the attachment passed by the Government under G.O.Ms.Nos.22 and 23 of Home (ARMS & SPF) Department, dated 20.02.2015 and G.O.Ms.No.73 of Home (Gen.A.2) Department, dated 05.06.2015, in respect of the petition schedule properties, to facilitate the Government to proceed further to dispose of the said properties and for refunding the advance amounts to the customers to whom the company is due.

Heard and perused the material available on record. Learned counsel for the appellant submits that the Special Court erred in allowing the petition filed by the State without issuing any notice to the appellant herein. He further submits that the appellant purchased some properties in the Petition Schedule Properties for valuable consideration and that he has taken possession of the said properties. He further submits that the Special Court, without giving any notice and hearing the appellant herein, made absolute the ad interim order of attachment, which is illegal and void and as such, prays this Court to set aside the order impugned and direct the Special Court to hear the appellant herein and pass appropriate orders in accordance with law.

possible, preferably within a period of six months. The Criminal Appeal is accordingly disposed of. Miscellaneous applications, if any pending in this appeal, shall stand dismissed. _____________________ JUSTICE RAJA ELANGO 21.07.2016 pln