Agrigold Farm Estates India Private Limited v. The State of Andhra Pradesh
CRLRC/1017/2026 · 2026-08-31
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8888 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8888 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010455972026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1017/2026 Between:
1. AGRIGOLD FARM ESTATES INDIA PRIVATE LIMITED, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE,SRI AVVA VENKATA RAMA RAO, S/O A.V. APPA RAO,AGED BOUT 66 YEARS, R/O H.NO. 23-35-39,A.S.RAO STREET, LAXMI NAGAR,SATYANARAYANAPURAM, VIJAYAWADA-520011.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, Represented by the Competent Authority,Additional Director General of Police, CID, Andhra Pradesh.Through Public Prosecutor, High Court of Andhra Pradesh
...RESPONDENT Counsel for the Petitioner:
1. P S P SURESH KUMAR Counsel for the Respondent:
1. PUBLIC PROSECUTOR The Court made the following:
ORDER:
Heard Sri K.S.Murthy, learned Senior Counsel representing Mr. P.S.P.Suresh Kumar, learned Counsel for the Petitioner and Sri A.Sai Rohith, learned Assistant Public Prosecutor.
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2. The impugned order under challenge is interlocutory in nature. In view of the express statutory bar embodied under Section 397(2) of the Code of Criminal Procedure, 1973/Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Criminal Revision does not lie against an interlocutory order passed in any appeal, inquiry, trial, or other proceeding. Consequently, the present Criminal Revision Case is not maintainable in law.
3. Notwithstanding the aforesaid legal impediment, this Court cannot remain oblivious to the genuine apprehension articulated by the learned Senior Counsel for the Petitioner. It is submitted that the Demand Drafts earlier tendered before the learned Principal District and Sessions Judge-cum- Special Court constituted under the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, at Eluru, are susceptible to expiry upon the lapse of their stipulated three-month validity period. Should the said instruments be treated as having lapsed, there exists a real and tangible risk of an adverse order being visited upon the Petitioner on the ground that the validity period of the Demand Drafts has elapsed.
4. In this context, it is apt to invoke the time-honoured equitable maxim, actus curiae neminem gravabit, which postulates that an act of the Court shall prejudice no one. The principle enjoins upon the Court both the power and the duty to ensure that no litigant suffers on account of delays, errors, or omissions attributable to the judicial process, and to restore the parties to the position they would have occupied but for such court-centric impediments.
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5. Keeping in view the foregoing equitable doctrine, and in order to obviate any potential prejudice to the Petitioner arising from the possible expiry of the banking instruments, the learned Senior Counsel for the Petitioner has preferred a limited prayer seeking permission to receive back the original Demand Drafts dated 10.06.2026 and 14.07.2026, bearing Nos.00539/400240282/9999990/16 and 000569/400240282/999990/16 respectively, for an aggregate sum of Rs. 2,27,00,000/- and Rs. 1,63,11,569/-, drawn on HDFC Bank in favour of the Principal District Court, Eluru, West Godavari District, Andhra Pradesh, solely for the purpose of revalidation with the issuing bank.
6. In the light of the above premises, and in exercise of this Court’s inherent jurisdiction to secure the ends of justice, I.A.No.2 of 2026 is hereby
disposed of, permitting the Petitioner to receive the aforementioned original Demand Drafts for the limited purpose of revalidation with the concerned issuing bank. The learned Principal District and Sessions Judge-cum-Special Court, Eluru, West Godavari District, is accordingly directed to facilitate the return of the said Demand Drafts to the Petitioner for the aforesaid limited purpose and to do all such further acts as may be necessary in that behalf.
7. With these observations and directions, the Criminal Revision Case is
disposed of. There shall be no order as to costs.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 02.09.2026 VTS