M.S. Ramachandra Rao, J. - (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). THE FACTS
(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. The above referred crime was registered on 03 -06 -2011 in the Police Station, Anti Corruption Bureau (for short ACB), Kadapa, Tirupati Range alleging that 1st petitioner is the brother of one Komma Janardhan Reddy, an Executive Engineer in Andhra Pradesh Education & Welfare Infrastructure Development Corporation, Hyderabad, who is the accused officer in Cr. No. 4/RCA -TCD/2011; that on credible information, as to acquisition of assets disproportionate to the 1st petitioner known sources of income, permission is obtained from the Joint Director (R), Anti Corruption Bureau, Hyderabad on 17 -03 -2011 and Cr. No. 4/RCA -TCD/2011 was registered on 18 -03 -2011; search warrants were issued by the Special Judge for SPE & ACB Cases, Nellore on 18 -03 -2011 in the above crime to unearth the assets relating to Sri K. Janardhan Reddy, the accused officer in Cr. No. 4/RCA -TCD/2011 and also the house of 1st petitioner who is his elder brother and residing at Kadapa; and during the course of said searches, several incriminating documents relating to the assets belonging to 1st petitioner and his brother were seized on 21 -03 -2011. It is alleged that the scrutiny of the seized documents from the house of 1st petitioner revealed that 1st petitioner, had also acquired assets disproportionate to the known sources of his income to the tune of Rs. 63,04,213/ -. It is alleged that 1st petitioner entered into Government service on 01 -07 -1992 as Agriculture Officer and worked at Ramapuram, Lakkireddypalli and Kadapa, that he got promotion as Assistant Director of Agriculture in 2007 and had worked as District Manager, Markfed, Kadapa from 2007 to 2010 on deputation basis and he was subsequently transferred to Farmers Training Centre, Nandyal on 24 -01 -2011. After setting out the details of the assets, income and expenditure of 1st petitioner, it is alleged that he was found to have disproportionate assets to the tune of Rs. 63,04,213/ -, that he had acquired them disproportionate to his known sources of income and he had committed offences punishable under Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988. After obtaining permission from the Joint Director (R), ACB, Hyderabad vide proceedings dt. 02 -06 -2011, case was registered against him as Cr. No. 9/RCA -TCD/2011 under the above provisions of law.
(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.;