Andhra Pradesh High Court - Amravati
Sri Chalapaka Srinivasa Rao vs Bharat Gold Mines Ltd And Anothers And on 29 August, 2024
APHC010349742024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3368]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 17904/2024
Between:
Sri Chalapaka Srinivasa Rao, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P LAKSHMANA RAO
Counsel for the Respondent(S):
1. GP FOR HOME
2. A GAYATHRI REDDY Standing Counsel for ACB cum Spl.
PP
The Court made the following:
O R D E R:
This Writ Petition under Article 227 of the Constitution of
India is filed for the following relief:
"to issue a writ, order or direction more particularly
one in the nature of Writ of Mandamus to declare
vide Crime No 2 /RCA EWG/2011 dated 11 05 2011
U/s 132 R/w 131E of PC Act 1988 and Calendar
Case No 9/2020 the same Is pending before the
Honble SPL Judge for SPE and ACB cases
Rajamahendravaram Disproportionate Assets case
contrary to prevention of Corruption Amendment Act
2018 No 16 of 2018 dated 26 07 2018 and also
Honble Supreme Court Judgment 1999 3 SCC 679
In the case of CAPT M PAUL ANTHONY V/s
BHARAT GOLD MINES LTD and anothers and
Honble Supreme Court Judgment 2006 5 Supreme
Court Cases 446 G M Tank V/s State of Gujarat and
others and also Honble Supreme Court Judgment
1995 SCC 2 570 JT 1995 2 18 State Of Punjab And
Ors vs Chaman Lal Goyal and set aside the same
direct the 2nd respondent to release all properties to
the petitioner And pass such..."
2. Heard Sri P.Lakshmana Rao, learned counsel for the
petitioner, Smt. A.Gayathri Reddy, learned Standing Counsel-
cum-Special Public Prosecutor for ACB and learned Assistant
Government 0Pleader appearing for the State.
3. Learned counsel for the petitioner would submit this case is
pending since 2011 and police filed charge sheet on 15.10.2020
and the petitioner is aged about 61 years and suffer serious ill
health. Hence a direction may be given to the trial Court to
dispose of the case as expeditiously as possible.
4. Smt. A.Gayathri Reddy, learned Standing Counsel-cum-
Special Public Prosecutor for ACB would submit that this case
relates to disproportionate assets. The prosecution cited 76
witnesses and relying on 54 documents in support of their case.
5. Considering the above respective submissions, this Court
is of the considered opinion that the writ petition is disposed of at
the stage of admission itself, with a direction to the learned trial
Court to take up the trial in the case immediately preferably on a
day to day basis and to dispose of the same as expeditiously as
possible.
6. Accordingly, the Writ Petition is disposed of directing the
learned trial Court to take up the trial in the case immediately
preferably on a day to day basis and to dispose of the same as
expeditiously as possible preferably within a period of six (06)
months from the date of receipt of copy of this order. No order as
to costs.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
_______________________ ____
JUSTICE B.V.L.N. CHAKRAVARTHI
Date: 29.08.2024.
PSA
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION NO: 17904 of 2024
Date: 29.08.2024
PSA
