K. SOMASEKHAR REDDY AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS Revision Petition is filed under Article 227 of the Constitution of India challenging the Order dt. 04 -02 -2015 in Crl.M.P. No. 43 of 2015 in Cr. No. 9/RCA -TCD/2011 by the Special Judge for Trial of ACB cases in Rayalaseema Region at Kurnool purportedly in exercise of jurisdiction under Sections 3 and 4 of Criminal Law Amendment Ordinance, 1944 (for short the Ordinance).

(2.) THE petitioners herein are accused in the said Cr. No. 9/RCA -TCD/2011. The 1st petitioner is employed as Asst. Director, Agriculture Department, Nandyal. The 2nd petitioner is his wife and petitioners 3 and 4 are their daughter and son respectively.

(3.) THE Director General, ACB, Andhra Pradesh, Hyderabad addressed a letter dt. 27 -08 -2011 to the Principal Secretary to Government, Agriculture and Cooperation (VIG.I) Department seeking authorization to file an application in the Court of the Special Judge for SPE & ACB Cases, Nellore for attachment of the properties of 1st petitioner. Thereafter, the Government issued G.O.Ms. No. 250 Agriculture and Cooperation (VIG, I) Department dt. 21 -10 -2011 authorizing the Investigating Officer of the ACB in the case to file an application in the Court of the Special Judge for SPE & ACB Cases, Nellore (for short the Special Court) for attachment of the properties worth Rs. 57,35,623/ - as mentioned in the annexures I to IV of the said G.O. under Section 3 of the said Ordinance.