APHC010707272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 902/2025 Between: 1. M LATHA, WIFE OF MOHAN, AGED ABOUT 37 YEARS.NO.33, VENKATAPURAM, MOUNA SWAMY MATAMSTREET, AMBATTUR, CHENNAI-600053,TAMILNADUSTATE. ...APELLANT AND 1. THE STATE OF ANDHRA PRADESH, represented byits Competent Authority/ The AdditionalDirector General of Police, Crime InvestigationDepartmentHyderabad now Vijayawada through theSpecial Standing Counsel for CID, High Court,Amaravathi. ...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pleased to set aside the order dated 26.06.2025 in CRLMP.No.504 of 2019 in Cr.No.145 of 2011 of Agiripalli Police Station on the file of Special Judge under A.P.Protection of Depositors of Financial Establishments Act-cum-Principal District & Sessions Judge: Nellore IA NO: 1 OF 2025 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 condone the delay of 144 days in filing the instant appeal challenging the impugned order of attachment as passed in CRL.MP.No. 504 of 2019 dated 26-06-2025 on the file of Special judge under AP Protection of Depositors of Financial Establishments Act-cum-Principal District & Sessions Judge, Nellore, pending disposal of the above said appeal and pass IA NO: 2 OF 2025 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 dispense with the filing of the petition vide CRL.MP.no. 504 OF 2019 is filed by the Respondent/Complainant before the Special Judge under A. P. Protection of Depositors of Financial Establishments Act-cum-Principal District 8& Sessions Judge, Nellore and the said petition copy is filed as and when, it is procured through certified copy, the same can be filed before this Honhle Court and pass IA NO: 3 OF 2025 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 impugned order of attachment as passed in CRL.MP.No.504 of 2019 dated 25.06.2025 on the file of Special Judge under A.P.Protection of Depositors of Financial Establishments Act-cum-Principal District Ss Sessions Judge, Nellore, pending disposal of the above said appeal and pass Counsel for the Apellant: 1. V SURENDRA REDDY Counsel for the Respodent: 1. SPL.PUBLIC PROSECUTOR FOR CID The Court made the following: THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No.902 of 2025 JUDGMENT: Heard Sri V. Surendra Reddy, learned counsel for the appellant, and the learned Additional Public Prosecutor, representing the respondent-State. 2. The present appeal is filed by the appellant, aggrieved by the order dated 26.06.2025 passed by the learned Special Judge under the A.P. Protection of Depositors of Financial Establishments Act – cum – Principal District and Sessions Judge, Nellore, in Crl. M.P. No.504 of 2019 in Crime No.145 of 2011 of Agiripalli Police Station. 3. Sri V. Surendra Reddy, learned counsel for the appellant, submits that the appellant is the 12th respondent in Crl .M.P. No.504 of 2019 filed by the State before the learned Special Court seeking to make absolute the ad-interim attachment of properties ordered by the Government of Andhra Pradesh vide G.O.Ms.No.7, Home (General-A2) Department, dated 25.01.2016. The learned Special Court, by the impugned order dated 26.06.2025, allowed the said application and made the attachment absolute. 4. The learned counsel further submits that the appellant had earlier filed Crl. M.P. No.74 of 2019 before the learned Principal District and Sessions Judge, Nellore, seeking to raise the ad-interim attachment in respect of Item No.1 in the aforesaid G.O. The learned Special Court, by order dated 04.09.2024, allowed the said application and raised the attachment in respect of Item No.1. 5. Subsequently, the State filed Crl. M.P. No.504 of 2019 to make the ad-interim attachment absolute. The said application was allowed by the learned Special Court on 26.06.2025. 6. However, the order dated 04.09.2024 passed in Crl. M.P. No.74 of 2019 was not brought to the notice of the learned Special Court by either of the parties at the time of passing orders in Crl. M.P. No.504 of 2019. Consequently, the learned Special Court made the attachment absolute, contrary to the earlier order dated 04.09.2024. 7. Hence, the appellant has preferred the present appeal seeking to set aside the order dated 26.06.2025 passed in Crl. M.P. No.504 of 2019. 8. The learned Additional Public Prosecutor submits that the learned Special Court, by order dated 04.09.2024 in Crl. M.P. No.74 of 2019, had already raised the ad-interim attachment with respect to Item No.1. However, this fact went unnoticed when Crl. M.P. No.504 of 2019 was subsequently considered, resulting in the passing of the impugned order. 9. In light of the above submissions, it is evident that the learned Special Court, by its earlier order dated 04.09.2024 in Crl. M.P. No.74 of 2019, had raised the ad-interim attachment in respect of Item No.1. The subsequent order dated 26.06.2025 in Crl. M.P. No.504 of 2019, making the attachment absolute, is therefore contrary to the said earlier order. 10. Accordingly, the impugned order, insofar as it relates to the property of the appellant, is not sustainable in law and is liable to be set aside. 11. Accordingly, the order dated 26.06.2025 passed in Crl. M.P. No.504 of 2019 on the file of the learned Special Judge under the A.P. Protection of Depositors of Financial Establishments Act – cum – Principal District and Sessions Judge, Nellore, is set aside. The matter is remitted to the learned Special Court for fresh consideration and for passing appropriate orders in respect of the appellant’s property, considering the earlier order dated 04.09.2024 in Crl. M.P. No.74 of 2019. 12. Accordingly, the Criminal Appeal is allowed. 13. A copy of this judgment shall be transmitted to the trial Court forthwith U/s.405 Cr.P.C. As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 18th March, 2026 cbn 226 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 902 of 2025 18th March, 2026 cbn