Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 18393 (AP)

NASINA SUJANA v. ADIMULAM MOHAN

CRLRC/595/2025 · 2025-07-31

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010254642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 595 OF 2025 Revision filed under Section 397 and 401 of Cr.P.C against the judgment and sentence passed in CrI.M.P. No. 865 of 2023 in Cr. No. 6/RCA- CIU/2016, dated 21.11.2023 on the file of the Special Judge for Trial of SPE & ACB Cases, Rajahmahendravaram, East Godavari District. Between: Nasina Sujana, W/o. Mallikarjuna, aged 45 years, R/o. Flat No.501, Dheeraj Heights, Magunta Layout, Nellore, SPSR Nellore District, Andhra Pradesh. ...Accused/Petitioner AND 1. Adimulam Mohan, S/o. Subba Rathnam, aged 52 years, Occ : Dy. Transport Commissioner, R/o. Kakinada Town and District, Andhra Pradesh. 2. Nasina Mallikarjuna, S/o. Venkata Ramanayya, aged 50 years, R/o. Flat No. 501, Dheeraj Heights, Magunta Layout, Nellore, SPSR Nellore District, Andhra Pradesh. 3. The State of Andhra Pradesh, Represented by its Inspector of Police, Anti Corruption Bureau, Nellore Range, Nellore, Andhra Pradesh. ...Respondents/ Respondents lA NO: 2 OF 2025 Petition under Section 482 Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased tp grant custody of the frozen gold jewelry weighing about 679.400 grams laying in Account No. 166803000074091 in Locker No. 25 and its Key No. 16, of Federal Bank Limited, Pogathota Branch near Sunday Market, Nellore without there being any condition of guarantee. Counsel for the Petitioner: Sri V Sai Kumar Counsel for the Respondent No.1 : Sri Chetan Ponnuru Counsel for the Respondent No.2 : Smt A Varalakshmi Counsel for the Respondent No.3 : Sri S.Syam Sunder Rao Standing Counsel cum Special Public Prosecutor For ACB The Court made the following order: -•Si.. ' APHC010254642025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 595/2025 Between: 1.NASINA SUJANA, W/0. MALLIKARJUNA, AGED 45 YEARS, R/0. FLAT NO. 501, DHEERAJ HEIGHTS, MAGUNTA LAYOUT, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.ADIMULAM MOHAN, S/0. SUBBA RATHNAM, AGED 52 YEARS, OCC DY. TRANSPORT COMMISSIONER, R/0. KAKINADA TOWN AND DISTRICT, ANDHRA PRADESH. 2.NASINA MALLIKARJUNA, S/0. VENKATA RAMANAYYA, AGED 50 YEARS, R/0. FLAT NO. 501, DHEERAJ HEIGHTS, MAGUNTA LAYOUT, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 3.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS INSPECTOR OF POLICE, ANTI CORRUPTION BUREAU, NELLORE RANGE, NELLORE, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.CHETAN PONNURU 2.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 4k 2 3.AVARALAKSHMI The Court made the following: ORDER: Heard the learned Counsel for the Petitioner Public Prosecutor. and the learned Special 2. The learned Trial Court at the time of allowing the Petitioner under Sections 451/457 of petition filed by the the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,') imposed a condition that the Petitioner shaii produce bank guarantee for Rs.30,00,000/-. 3. According to the learned Counsel for the Petitioner property is only Rs.20,19,814/-. Prosecutor submits the value of the property at present the value of the whereas the learned Special Public is Rs.58,41,000/-. 4. Be that as it may, in the counter filed by the prosecution the property found in the locker was not considered a property of the assets of the was not added. Any condition to be imposed by a reasonable one which would enable the of bank guarantee of as per the version of the learned Counsel for the Petitioner is accused officer. Therefore, the same the learned Trial Court shall be Petitioner to comply with. Ordering for production Rs.30,00,000/- burdensome. 5. Considering the facts and circumstances of the case, the order dated 21.11.2023 in Crl.M.P.No.862/2023 in Cr.No.6/RCA-CIU/2016 passed by the learned Special Judge for Trial of SPE & ACB Cases Rajamahendravaram is modified permitting the Petitioner to give third party security for the value of Rs.30,00,000/- towards the gold ornaments to the satisfaction of the learned 3 Special Judge for Trial of SPE & ACB Cases, Rajamahendravaram and it is further directed that the Petitioner shall not alter or sell the property of gold until the disposal of the case or^until otherwise directed by the learned Special Judge for Trial of SPE & ACB Cases, Rajamahendravaram. With the above observations and directions, this Criminal Revision Case is disposed of. No order as to costs. 6. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/-VDIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Judge for Trial of SPE & ACB Cases, Rajahmahendravaram, East Godavari District. 2. One CC to Sri. V ^ai Kumar Advocate [OPUC] 3. One CC to Sri. Chetip Ponnuru Advocate [OPUC] 4. Two CCs to Sri. S.Syam Sunder Rao, Standing Counsel cum Special Public Prosecutor for ACB [OUT] 5. One CC to Smt. A Varalakshmi Advocate [OPUC] 6. Two CD Copies Stu vna i HIGH COURT DATED:01/08/2025 ORDER CRLRC NO. 595 OF 2025 a 10 SEP 2025 ' •TentSectjoi^ rr> DISPOSING OF THE CRIMINAL REVISION CASE