Kodeboina Bhanumathi v. l.TheStateofTelangana

Petition under Section 528 of BNSS praying that ir the circumstances stated in the ttilemorandum of Grounds of Criminal Petition t re High Court may be pleased to direct the Special Court for SPE and ACB Casr:r Cum-lll-Add itional District and Sessions Judge. Warangal to consider the app i;ations filed by the Petitioners in C C No.31 of 2015, seeking Third Party ( A and any other applrcation filed by 1ne Petitioners who are legal heirs of Kc< ebo na Nanal Rao, pending disposal of the Criminal Petition. This Petition coming on for hearing upon perusing Ie Mernorandum of Grounds of Crrminal Petition and upon hearing the argument of Sri SRINIVASA RAO MADIRAJU. Advocate for the Petitioner and the SI:l TBALA IVOHAN REDDY, Special Publrc Prosecutor on behalf of the Respon(1, ,nt No.1, and none appeared for the Respondent Nos.2 and 3. The Court made the following: ORDER @-Ery ,/ TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J'SREENIVAS RAO CRIMINAL PETI TION No.l 7060 of 2025 Date: 18.12.2025 Between Kodeboina [Jhar-rumathi and two others AND The State of Telangana, The High Court lor the State of Telangana, Rep. by its SC-cum-Spt.PP ACB' I'ublic Plosccutor, Hyderabad and two others' ...Petitioners ...Respondents Order This Criminal Petition is filed seeking direction directing the leamedSpecialCourlforSPE&ACBCases-cunr-IllAdditional District and Sessions Judge, Warangal to consider application filed by the petitioner in C.('.No.3 I of 2015' } lear.d ML.Ivl.Srinivasa Rao, Iearned counsel for the petitioners 2, and Mr.T.Bala Mohan Reddy, leamed Special Public Prosecutor for respondent No. I -State. l. l-earned counsel for the petitioners submitted that petitioners s'rongl1" arrayed respondent Nos.2 and 3 namely the Courts' as party 2 respondents and scek ncnniss;on of this Cotrft to withdraw the Crirninal l)etition in rcspcct of respondent Nos.2 and Accordingly. the criminal Lrct ition l:l disrnissed as rvithdratn n respect of respondent Nos.l rrnd ,-l-

4. [Je furtlrcr subrnittcd that the petitioners are the legal heirs ol the Accuscd ( )f'llcer in ('.('. No.3l ol'20 I5. l'he Acctrs :d Oftlcer was acquiued in Cl ('.No.i I ol 2015 by judgrnent date I 06.02.2018. Aggrieved br thc said .irrdgment, rc'spondent No. I ,r rproached this Court and filcd C'rl.A.No.l I 79 ol'20 I 8 and this Cour' ,vas pleased to dismiss thc srLicl rppcal on Ii.08.1024, confinring il c judgment of acquittal passcd hy the leamed Special Clourt, and tlr : said j udgment has becotr-re llnal. l'hc'reafter. Accused Oflicer diei' rn 19.11.2025 and the petitioncrs. bcing lcgal heirs ol Accuscd ,. lflcer filed an application ridc Sr.No.tj6-5 of l0l5 on I4.07.2()-: be{bre the I Addjtionat Specirrl Judge lbr SPII and ACB Cases-cr r r-V Additional Chief Judge. Cit)' ('ivil Court, Hyderabad, seeklr g issuance ol certified copics rrl' thc complaint. Iist ol seized pn 1er1y, .judgment dated 06.02.10111. and depositions of all witnesse i to enable the petitioners to takc appropriatc steps for filing an app ication seeking return of prol)cnv. 'l he said application \r,as retunl('( on 11 .07.2025 .a'- 3 on the grclund that the case record in C.C.No'3 1 of 2015 had been suhmitted to the III Additional Speciat Judge for SPE and ACB Cases. warangal. Subsequenrly. the I Additional District and Sessions Judge, FAC Special Judgc lbr SPE and ACR Cases-cum-lll Additional District and Sessions JLrdge, Warangal, addressed a letter dated 19.08.2025 to the t Additional Special Judge lor Triat o1'SPE and ACIB C'ases, ll1-derabad, stating that the said Courl at Warangal was not established as on the date of the judgment passed in C.Cl.No.3 I of 201 5 and therefore retransmitted the case records' Whcn thc pctitioncr approached the ACB Court at Warangal, the said Clourt did not entefiain the application. Hence, the present petition u,as filed seeking to direct the Warangal Court to consider the application lbr issuance of documents.

5. Per contra, learned Speciat Public Prosecutor submitted that according to the letter dated 19.08.2025 addressed by the Speciat Court, Warangal, the records were retransmitted to the Special Coufi at Hyderabad. 'lherefore, the petitioners ought to have filed an appropriate application belore the competent Court by enclosing a copy of the said letter. Inspite of the same, the petitioners have *4" 4 approached this Corrrt and tlled the present crinrinal 1 t rition. and the samc is not rnaintainablr. urider Iarr

6. I'his Court cousidercd the rival submission: rnacl.' bv the respecl.ive parties and pc|used the record. lt is not ir) L rsputc that the Accused Officer rvas acquitted in C.Cl.No.3 l of 20 lj rn 0(r.02.201g and the said .jtrdgn'rent uas conilrrned by this Court in lrl.A.No.2 t79 of 2018 by judgment dated 11.08.2024. 'fhereatrc- the Accusecl Officer died on 19. I 1.2015. I'he pctitioners. clairrinr o be the legal heirs of the Accuscd Ol'ficcr, f-iled an application vrrl, g;-.\6.((J 6f 2025 on 14.01 .2025 seeking certified copies ol locunrents in C.C.No.31 of 2015.'I'he said application was returncil on 17.07.2025 with the follo',ving endorsenrcnt "Ca-se rcLord subnti eel to tht Ill ldditunnl ,lptttL i ,ltul,qr ktr SPE and.l( B ()uses. ll'orungul Iltnce, nto) he rcturtt L t() l)t.L)pct- Cotn't Jbr.fiu thcr .s tep: "

1. Subsequently,. thc I Additional District and i :ssions Judge, FAC Special Judge for SPE arrd ACU Cases-cunr lll Additional District and Sessions Judge, Warangal, addressecl a tetter dated

19.08.2025 to thc I Additional Special Judge tbr I.:l o1'SpE and ACB Cases, Ilyderabad, srating that thc Court had ., ceived a letter vide [nward No.]53 datcd 22.07.1025, hou.cver. as t,. rhe dare ol-the 5 judgment in the said case, the Couft at Warangal was not established, and hencc the case record was retransmitted

8. Even accortling to the leamcd Special Public Prosecutor, the records have already bcen transrnitted to the competent Court at Hyderabad. g. In vicw ol-the same, the petitioncrs are granted liberty to tite an appropriate application in C.C.No.3l ol- 20 I5 before the t Additional Speciat Judge lor SPE and ACB Cases-cum-V Additional Chief Judge, City' Civit Court, I1y'derabad. by enclosing a copy of the letter dated 19.08.2025 issued by ttre I Additional Special Judge for Trial of SPE and ACB Cases, Hyderabad. Upon fiting of such application, the Special Judge, tlyderabad, shatt consider the application in accordancc with law, as expeditiously as possible, prelerably within a period of one month iiorn the date oi tiling of thc application. l0 Accordingly, the Criminal Pctition is disposed of. Miscellaneous apptications, pending il any, shall stand closed' SD/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The '1't Additional Special Judge, for SPE and ACB Cases-Cum-V Additional Chief Judge, City Civil Court, Hyderabad ._-.?r----11= i;if'€

2. The Special Court for SPE and ACB Cases CUM-lllAdrl ionai District and Sessions Judge, Warangal

3. The lnspector of Police, Anti Corruption Bureau, Warar r al Range. Warangal 4. Two CCs to the Public Prosecutor, High Court for the S z te of Telangana at Hyderabad [OUT]

5. One CC to SRI SRINIVASA RAO [/ADIRAJU Advocatr: OPUC] 6. One CC to SRI T BALA I/OHAN REDDY (SC FOR ACE SPL PP TS) Advocate IOPUCI

7. Two CD Copies NVB/PSI- H. HIGH COURT DATED:1811212025 \ (; )c ,-.) \,?* I .-:-::-a- a. Zs IEi]?0 25 7 -:- l,':f'.\' + .,??'' ORDER CRLP.No.17060 of 2025 DISPOSING THE CRIMINAL PETITION \o ,{a X6,