B.Rajendra Prasad v. State Of Ap.

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.916 of 2016 ORDER:

The present revision is filed under Sections 397 and 401 of Cr.P.C. challenging the order dated 07.01.2016 passed in Crl.M.P.No.780 of 2015 in C.C.No.42 of 2007 on the file of the Principal Special Judge for SPE and ACB Cases, Hyderabad, wherein and whereunder the trial Court refused to defreeze three bank accounts of the petitioner namely 1) Account No. SSB-38, Bank of Baroda, Tilaknagar Branch, (2) State Bank of India, Personal Banking Branch, Chaitanyapuri and (3) ICICI Main Branch, Khairatabad, Hyderabad.

The petitioner herein along with others were tried in C.C.No.42 of 2007 on the file of the Principal Special Judge for SPE and ACB Cases, Hyderabad, for the offences punishable under Sections 13 (1) (d) (ii) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and under Sections 420 and 120-B IPC. By its judgment dated 23.09.2015 the learned Special Judge acquitted the accused of all the charges levelled against them. The relevant portion of the judgment is as under: "Accused are found not guilty for the offences

alleged and they are acquitted under Section 248 (1) Cr.P.C. The bail bonds of the accused officers and their sureties shall stand cancelled in terms of Section 437 (A) of Cr.P.C. M.O.1 seized cash of Rs.50,000/- shall be confiscated to State after the appeal time is over. The seized Maruthi Car bearing No.AP 29 C 9726 of accused No.2 was already returned to him. Accused No.2 is entitled to retain the same on the same conditions imposed by this Court till the appeal time is over and after that without any conditions, if no appeal is preferred." Thereafter, the petitioner filed Crl.M.P.No.780 of 2015 seeking defreeze of three bank accounts noted in the petition since the case against him ended in an acquittal. The trial Court dismissed the said application on the ground that the prosecution is contemplating to file an appeal.

It is to be noted that till date no appeal is filed by the State-ACB. There is no order obtained by ACB or State for continuation of freezing of the accounts either from this Court or from any other competent Court. Since the appeal is not filed till date and as no orders are passed, question of freezing the bank accounts of the petitioner may not be correct.

Having regard to the facts and circumstances of the case, the order under challenge is set aside and the trial Court is directed to defreeze the three bank accounts of the petitioner namely 1) Account No.SSB-38, Bank of Baroda, Tilaknagar Branch, (2) State Bank of India, Personal Banking Branch, Chaitanyapuri and (3) ICICI

Main Branch, Khairatabad, Hyderabad, in accordance with law.

Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions, if any, shall stands closed. _________________________ JUSTICE C. PRAVEEN KUMAR 19.04.2016 gkv