Andhra Pradesh High Court

CRLRC/239/2026 of Kothuru Srinivasulu Achari Vs The State of Andhra Pradesh on 4 March 2026

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HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between: 1. KOTHURU SRINIVASULU ACHARI, S/O. K.JAGAN MOHAN ACHARI,AGE 40 YEARS, R/O.

APHC010111672026

IN THE H

(

THURSDA

TWO T

THE HONOURABLE DR

CRIMINAL

Between:

1. KOTHURU

SRINIVA

ACHARI,AGE 40 Y

RAILWAY KODURUA

1. THE STATE OF A

PROSECUTOR,HIGH

AMARAVATI.

2. SHRIRAM FINANCE

PHASE, INDUSTRIA

OFFICE AT RAILWAY

ITS

AUTHORISE

M.GANGADHARA.

Revision filed under

circumstances

stated

in

CriminalRevisionCase, the

aside the order dt. 12-12-20

1050 of 2025 on the file

Principal Assistant sessio

pending disposal of main C

IA NO: 1 OF 2026

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

AY,THE FIFTH DAY OF MARCH

THOUSAND AND TWENTY SIX

PRESENT

R JUSTICE VENKATA JYOTHIRMAI PR

L REVISION CASE NO: 239/2026

ASULU

ACHARI,

S/O.

K.JAGAN

YEARS, R/O. D.NO.10/451,LAKSHMI

ANNAMARIA DISTRICT.

...PE

AND

ANDHRA PRADESH, REP. BY ITS

H

COURT

OF

ANDHRA

PRAD

LTD, SRI TOWERS, PLOT NO.14

AL ESTATE,GUINDY, CHENNAI AND

Y KODURU BRANCH,KADAPA DISTRIC

ED

OFFICER/POWER

OFAT

...RESPON

Section 397/401 of CrPC praying t

n

the

affidavit

filed

in

support

High Court may be pleased to pleas

025 passed in CrI.M.P No. 466 of 2025 i

of the court of Chief Judicial Magistra

ons Judge, Kadapa, in the interest of

Criminal Revision petition and pass

RATAPA

MOHAN

NAGAR,

TITIONER

S PUBLIC

ESH

AT

4A,SOUTH

DBRANCH

CTREP.BY

TTORNEY,

NDENT(S):

that in the

t

of

the

sed to Set

n CFR No.

ate - cum -

Justice, in

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Suspend the docket order dt. 12-12- 2025 passed in CrI.M.P No.

466 of 2025 in CFR No. 1050 of 2025 on the file of the court of learned Chief Judicial Magistrate - Cum -Principal Assistant Sessions Judge, Kadapa, and pass Counsel for the Petitioner:

1.CHEVURI RAMA SWAMY

Counsel for the Respondent(S):

1.PUBLIC PROSECUTOR

The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL REVISION CASE NO: 239/2026

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ORDER:

This Criminal Revision Case is filed seeking to set aside the order dated 12.12.2025 passed in Crl.M.P. No.466 of 2025 in CFR No.1050 of 2025 on the file of the Court of the Chief Judicial Magistrate–cum–Principal Assistant Sessions Judge, Kadapa.

2. Heard Sri Ch.Ramaswamy, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State.

3. The learned counsel for the petitioner submitted that the impugned order passed by the learned Magistrate is illegal and irregular. He would further submit that the petitioner obtained a loan of Rs.25,00,000/- from the 2nd respondent company by depositing title deeds of the property and agreed to repay the same in 60 equated monthly installments. He would further submit that the petitioner has already paid an amount of Rs.14,46,101/- towards the loan, but the 2nd respondent is claiming an excessive amount without properly giving credit to the payments made by the petitioner. He further submits that the 2nd respondent filed the petition under Section 14 of the SARFAESI Act without approaching the competent forum and that the learned Magistrate passed the impugned order without giving any opportunity to the petitioner, thereby violating the principles of natural justice.

4. The learned Assistant Public Prosecutor, on the other hand, would submit that the learned Magistrate passed the impugned order in accordance with law and that no interference is required. She prayed that the Court may pass appropriate orders.

5. As can be seen from the record, it appears that the warrant issued pursuant to the impugned order was executable by 22.01.2026. The present matter has come up before this Court on 05.03.2026. In view of the same, this Court does not find any grounds warranting interference with the impugned order.

6. Accordingly, the Criminal Revision Case is dismissed. However, the petitioner is at liberty to work out his remedy before the appropriate forum in accordance with law.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

__________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.03.2026. KKV

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL REVISION CASE NO: 239/2026

Date 05.03.2026 KKV

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