Kothuru Srinivasulu Achari v. The State of Andhra Pradesh
CRLRC/239/2026 · 2026-03-04
Venkata Jyothirmai Pratapa
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18428 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18428 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010111672026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between:
1. KOTHURU SRINIVASULU ACHARI, S/O. K.JAGAN MOHAN ACHARI,AGE 40 YEARS, R/O. D.NO.10/451,LAKSHMI NAGAR, RAILWAY KODURUANNAMARIA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AMARAVATI. 2. SHRIRAM FINANCE LTD, SRI TOWERS, PLOT NO.14A,SOUTH PHASE, INDUSTRIAL ESTATE,GUINDY, CHENNAI ANDBRANCH OFFICE AT RAILWAY KODURU BRANCH,KADAPA DISTRICTREP.BY ITS AUTHORISED OFFICER/POWER OFATTORNEY, M.GANGADHARA. Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased to aside the order dt. 12-12-2025 passed in CrI 1050 of 2025 on the file of the court of Chief Judicial Magistrate Principal Assistant sessions Judge, Kadapa, in the interest of Justice, in pending disposal of main Criminal Revision petition and pass IA NO: 1 OF 2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 239/2026 KOTHURU SRINIVASULU ACHARI, S/O. K.JAGAN MOHAN ACHARI,AGE 40 YEARS, R/O. D.NO.10/451,LAKSHMI NAGAR, RAILWAY KODURUANNAMARIA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT SHRIRAM FINANCE LTD, SRI TOWERS, PLOT NO.14A,SOUTH PHASE, INDUSTRIAL ESTATE,GUINDY, CHENNAI ANDBRANCH OFFICE AT RAILWAY KODURU BRANCH,KADAPA DISTRICTREP.BY ITS AUTHORISED OFFICER/POWER OFATTORNEY, ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased to pleased to Set 2025 passed in CrI.M.P No. 466 of 2025 in CFR No. 1050 of 2025 on the file of the court of Chief Judicial Magistrate Principal Assistant sessions Judge, Kadapa, in the interest of Justice, in pending disposal of main Criminal Revision petition and pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KOTHURU SRINIVASULU ACHARI, S/O. K.JAGAN MOHAN ACHARI,AGE 40 YEARS, R/O. D.NO.10/451,LAKSHMI NAGAR, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.
BY ITS PUBLIC OF ANDHRA PRADESH AT SHRIRAM FINANCE LTD, SRI TOWERS, PLOT NO.14A,SOUTH PHASE, INDUSTRIAL ESTATE,GUINDY, CHENNAI ANDBRANCH OFFICE AT RAILWAY KODURU BRANCH,KADAPA DISTRICTREP.BY ITS AUTHORISED OFFICER/POWER OFATTORNEY, PONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the pleased to Set .M.P No. 466 of 2025 in CFR No. 1050 of 2025 on the file of the court of Chief Judicial Magistrate - cum - Principal Assistant sessions Judge, Kadapa, in the interest of Justice, in
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Suspend the docket order dt. 12-12- 2025 passed in CrI.M.P No. 466 of 2025 in CFR No. 1050 of 2025 on the file of the court of learned Chief Judicial Magistrate - Cum -Principal Assistant Sessions Judge, Kadapa, and pass Counsel for the Petitioner:
1. CHEVURI RAMA SWAMY Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 239/2026
ORDER:
This Criminal Revision Case is filed seeking to set aside the order dated 12.12.2025 passed in Crl.M.P. No.466 of 2025 in CFR No.1050 of 2025 on the file of the Court of the Chief Judicial Magistrate–cum–Principal Assistant Sessions Judge, Kadapa.
2. Heard Sri Ch.Ramaswamy, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State.
3. The learned counsel for the petitioner submitted that the impugned
order passed by the learned Magistrate is illegal and irregular. He would further submit that the petitioner obtained a loan of Rs.25,00,000/- from the 2nd respondent company by depositing title deeds of the property and agreed to repay the same in 60 equated monthly installments. He would further submit that the petitioner has already paid an amount of Rs.14,46,101/- towards the loan, but the 2nd respondent is claiming an excessive amount without properly giving credit to the payments made by the petitioner. He further submits that the 2nd respondent filed the petition under Section 14 of the SARFAESI Act without approaching the competent forum and that the learned Magistrate passed the impugned order without giving any opportunity to the petitioner, thereby violating the principles of natural justice.
4. The learned Assistant Public Prosecutor, on the other hand, would submit that the learned Magistrate passed the impugned order in accordance with law and that no interference is required. She prayed that the Court may pass appropriate orders.
5. As can be seen from the record, it appears that the warrant issued pursuant to the impugned order was executable by 22.01.2026. The present matter has come up before this Court on 05.03.2026. In view of the same, this Court does not find any grounds warranting interference with the impugned
order.
6. Accordingly, the Criminal Revision Case is dismissed. However, the petitioner is at liberty to work out his remedy before the appropriate forum in accordance with law.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
__________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.03.2026. KKV
209 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE NO: 239/2026
Date 05.03.2026 KKV