Date of reserved for orders : Date of pronouncement :23.06.2026 Date of uploading : APHC010717892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 38/2026 Between: 1. Y V V V PRASAD, S/O. CHAKRADHARA RAO,AGED 61 YEARS, THE THEN L/C. DY.E.E.SW SCSCS LIMITED,PEDAVEGI SUB-DIVISION, ELURU, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITSPUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 2. STATE, REP. BY ITS INSPECTOR OF POLICE,ANTI-CORRUPTION BUREAU, ELURU RANGE,ELURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to the present Criminal Revision Case is being filed by the petitioner aggrieved by the order dated 03.02.2016 in CrI.M.P.No.932 of 2013 in Crime No. 10/RCA-ACB-EWG/2006 on the file of the Special Judge for SPE & ACB Cases - cum - III Addl. District & Sessions Judge, Vijayawada, wherein the dismissed petition filed by the petitioner seeking return the cash of Rs. 2,43,200/-, Gold Ornaments and Silver Articles for the following among other facts and reasons IA NO: 1 OF 2026 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 to condone the delay of 3517 days in filing the present Criminal Revision Case and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2. PUBLIC PROSECUTOR The Court made the following: ORDER: Heard the learned counsel for the Petitioner and the learned Special Public Prosecutor for Anti Corruption Bureau (A.C.B). Perused the record. 2. An application was filed vide Crl.M.P.No.932 of 2013 in Crime No.10/RCA-ACB-EWG/2006 seeking return of cash of Rs.2,43,200/-, gold ornaments, and silver articles belonging to the petitioner under Sections 451 and 457 of the Code of Criminal Procedure1 and Section 13(2) of the Criminal Law Amendment Ordinance, 1944. However, the said application was dismissed, granting liberty to the petitioner to file a civil suit. 3. The learned Special Judge for SPE & ACB Cases, Vijayawada, vide order in R.C.S.No.7 of 2012 dated 25.10.2012, observed that the Government had initiated departmental proceedings against the petitioner/Accused Officer, instead of prosecuting him. The learned counsel for the petitioner as well as 1 ‘the Cr.P.C’ the learned Special Public Prosecutor for A.C.B submit that the petitioner was exonerated even in the departmental proceedings. 4. In that view of the matter, the learned Special Judge was not justified in denying the request for return of the petitioner's property by relying upon several judgments and passing an order running into nearly fourteen pages. The suggestion given by the learned Special Judge to file a civil suit is neither convincing nor legally sustainable. The impugned order is not correct and is not in accordance with law, and the same is liable to be interfered with and set aside. Consequently, the cash amount of Rs.2,43,200/-, the gold ornaments, and the silver articles of the petitioner lying in the custody of the Inspector shall be returned to the petitioner forthwith. Accordingly, the Criminal Revision Case is allowed. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.06.2026 JLSR Whether the order is : Speaking Yes / Recorded No Reportable No / Non-Reportable Yes 178 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 38 of 2026 23.06.2026 JLSR