RONGALA MOHAN RAO Vs. STATE

JUDGEMENT

(1.) The revision is directed against the order passed in Crl.MP No.735 of 1998 in Criminal No.6/RC-WLR-ACB of 1995 dated 28-4-1999 on the file of the Special Judge for ACB Cases, Visakhapatnam. The complainant filed the petition under Sections 451 and 457 of Cr.PC, read with Section 3 of Criminal Law Amendment Ordinance, 1944 to order prohibition of transfer of the assets standing in the name of the respondent-accused or his family members either by sale or by any other mode, pending further investigation in the case.

(2.) The Inspector of Police, Anti Corruption Bureau who is the complainant gave all the details of the assets alleged to have been acquired by the accused. According to the prosecution, the said assets are suspected to have been ill gotten by indulging in corrupt practices by the accused. The Court after perusing the affidavit and the contents in the FIR and also the inventory report had passed the order dated 15-12-1998 ordering attachment of the schedule mentioned five items for a period of six months and gave notice to the respondent.

(3.) The accused-respondent has filed the affidavit mainly contending that the ACB Court has no jurisdiction since the case has not reached the stage of trial. This point was considered by the Court below and held that the ACB Court has got power to entertain the application and upheld the order of attachment. Hence the present revision.