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R. RAGHUNANDAN RAO
Gujjala Sreenu @ Srinivasulu (A. 1) S/o. Late G. Ramakrishnaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the case and appeal. (Para 1 , 2 , 3) |
| 2. arguments by appellants against attachment. (Para 4 , 5) |
| 3. court's analysis on jurisdiction and attachment principles. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's ratio on proceedings against deceased. (Para 15 , 16) |
| 5. final conclusion and order of appeal. (Para 17 , 18) |
ORDER :
The appellants herein have preferred the present appeal against the order of the Special Judge for trial of SPE and ACB Cases, Kurnool, dated 04.08.2022 in Crl.M.P.No.707 of 2022.
2. The appellants 1 to 3 are accused Nos.1, 2 and 12 in Crime No.1 of 2020 registered in the CID Regional office, Tirupati. The other appellants are not arrayed as accused in the case. A charge sheet has also been filed after investigation, before the Special Judge for trial of ACB cases in Rayalaseema Region, Kurnool, for offences punishable under Sections420, 406, 408, 409, 465, 468, 120-B read with Sections 34 & 109 IPC and Sections 79 (1)(a), 79(l)(f) read with Sections 79 (2), 79(A) (1)(b), 79A (1) (e), read with Sections 79 A (2) and 79(3)(i) read with Section 79 (1)(h) of the A.P. Cooperative Societies Act, 1964 and Section 13 (1)(c) o
The attachment of assets of persons other than the accused is permissible under the Criminal Law Amendment Ordinance, 1944, if the applicant can demonstrate that the source of the money or assets acq....
Point of Law : Application shall be accompanied by one or more affidavits stating the grounds on which the belief that the said person has committed any schedule offence is founded, and the amount o....
The main legal point established in the judgment is that an attachment order under the Criminal Law(Amendment) Ordinance, 1944, will be in force for a period of one year unless extended by the Distri....
The presumption of innocence remains until conviction; hence, attachment of property ceases upon the death of the accused without conviction, allowing for property release under the Criminal Law Ordi....
Point of law: Member of the Family" in relation to a Government employee, includes the spouse, son, daughter, step-son or step-daughter of such employee, whether residing with, such employee or not, ....
Properties purchased before the commission of the offence, cannot fall within the definition of “proceeds of crime” and cannot be attached or confiscated under the Act. Consequently, the attachment a....
Properties purchased with depositor funds are subject to attachment under the Tamil Nadu Protection of Interests of Depositors Act, regardless of subsequent transfers.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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