HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7868 OF 2010 ORDER: This criminal petition is filed by the petitioners, under Section 482 Cr.P.C., seeking to set aside the order dated 12.07.2010 passed by the learned Special Judge for SPE & ACB Cases, Nellore, in C.F.No.387 of 2010 in Crl.M.P.No.399 of 2007 in C.C.No.31 of 2006. Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor. The facts of the case, in brief, are that the 1st petitioner is the accused in C.C.No.31 of 2006 on the file of the Special Judge for SPE & ACB Cases, Nellore, taken on file for the offence punishable under Section 13(2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988. The 1st petitioner and his family members filed Crl.M.P.No.399 of 2007 in C.C.No.31 of 2006 under Section 457 Cr.P.C. for return of the documents and permit them to withdraw the amounts from the banks to en-cash L.I.C. Bonds, ULIP Bonds and to sell the immovable properties. The learned Special Judge allowed the petition, by an order dated 04.07.2007, and the relevant portion of the order is as follows: "The petitioners 1,2, and 4 are permitted to receive documents pertaining to the properties on which they sought for raising of attachment and the attachment on those properties is raised. The 1st petitioner is directed to execute a personal bond for Rs.4,00,000/- (rupees Four lakhs only) with two sureties with Rs.2,00,000/- (Rupees Two lakhs only) each to the satisfaction of this Court, with a condition that in the event of petitioner No.1/A.O. failed to account for his properties, and the property sought by petitioner No.3 is liable for confiscation, they shall produce the property worth Rs.4,00,000/-. On furnishing such security, the petitioner No.3 is entitled to receive the registered sale deed bearing document No.4532/2004 from this Court and for raising of attachment.” Aggrieved by the said order, the 1st petitioner-accused filed a petition in C.F.No.387 of 2010 in Crl.M.P.No.399 of 2007 in C.C.No.31 of 2006 seeking to relax the condition imposed therein. The said petition was returned on 12.07.2010 with an endorsement “how this petition is maintainable”. The same is under challenge in this criminal petition. On perusal of the record, it is evident that the learned Special Judge returned the petition in C.F.No.387 of 2010 in Crl.M.P.No.399 of 2007 in C.C.No.31 of 2006 on 12.07.2007 with an endorsement “how this petition is maintainable now since a court order was passed in Crl.M.P.No.399 of 2007 on 04.07.2007” and granted time for seven days for compliance. Instead of doing so, the petitioners approached this Court and filed the present criminal petition. Therefore, this Court is not inclined to interfere with the impugned order at this stage. However, the petitioner is at liberty to canvass before the learned Special Judge as to how the said petition is maintainable, within a period of one (1) week from the date of receipt of a copy of this order. With the above observation, the criminal petition is dismissed. __________________ RAJA ELANGO, J 23rd August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7868 of 2010 (Dismissed) 23rd August, 2010 CBS