HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1230 OF 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the order dated 13.01.2011 passed by the II Addl. Special Judge for SPE & ACB Cases, City Civil Courts, Hyderabad, in Inward No.11/2010 in Cr.No.9/ACB-KNR/2010. The brief facts of the case are that a case in crime No.9/ACB- KNR/2007 was registered against the petitioner herein under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 and, after due investigation, the Inspector of Police, A.C.B., Adilabad, filed a final report before the competent Court with a prayer to close the FIR and to return the connected records etc. and issue proceedings. Accordingly. The II Addl. Special Judge for SPE & ACB Cases, City Civil Courts, Hyderabad closed the FIR and directed that the records and properties be handed over to the petitioner under due verification and acknowledgment, by an order dated 07.12.2010. Subsequently, on a Memo filed by the Inspector of Police, A.C.B., Adilabad, Karimnagar Range, the learned Special Judge directed that the documents and the properties be handed over to the Inquiry Officer i.e. Vice Chairman and Managing Director, Girijan Co-op. Corporation Limited, Visakhapatnam, by an order dated 13.01.2011, holding that the Authority appointed is only competent to order return of the case properties and documents to the petitioner. The same is under challenge in this Criminal Petition. Heard both sides. On a perusal of the record, this Court is of the view that once the learned Special Judge passed an order dated 07.12.2010 on the basis of the final report filed by the Inspector of Police, A.C.B., Adilabad, he has no power to pass any further order basing on any fresh application moved by the Investigating Officer and the impugned order is without any jurisdiction and hence the same is liable to be quashed. Accordingly, the Criminal Petition is allowed and the order dated 13.01.2011 passed by the II Addl. Special Judge for SPE & ACB Cases, City Civil Courts, Hyderabad, in Inward No.11/2010 in Cr.No.9/ACB-KNR/2010, is hereby quashed. The Investigating Officer is at liberty to approach the Court concerned by way of filing a revision against the order dated 07.12.2010 for appropriate relief, if he so chooses. __________________ RAJA ELANGO, J 4th March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1230 OF 2011 (Allowed) 4th March, 2011 CBS