Andhra Pradesh High Court - Amravati
S Malik Basha Alias Shaik Mali ... vs The State Of Andhra Pradesh on 7 January, 2021
Bench: M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV&4 'TI
THURSDAY , THE SEVENTH DAY OF JANUARY |."
TWO THOUSAND AND TWENTY ONE
:PRESENT:
CRIMINAL PETITION NO: 82 OF 2021
Between:
S Malik Basha @ Shaik Mali Basha, S/o. Narsimhlu, aged 55 years, R/o. 6-74,
Main Bazar, 6th ward, | Town Village and Mandal, Ananthapur District.
. Petitioner/Accused No.2
AND
1. The State of Andhra Pradesh, Through Station House Officer, Tadipatri Rural
Police Station, Tadipatri, Ananthapur District, Rep. by its Public Prosecutor, High
Court of Andhra Pradesh, At Amaravathi.
2. N.Sivaram Prasad, Deputy Transport Commissioner, Ananthapur, Ananthapur
District. |
. Respondents/Defacto-Complainant
Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds filed the Criminal Petition, the High Court may be pleased
to quash the FIR.No.615/2020 on the file of the Tadipatri Rural Police Station, Tadipatri,
Ananthapur District in the interest of justice.
IA NO: 2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
memorandum of grounds filed the petition, the High Court may be pleased to grant stay
of all further proceedings in the FIR.No.615/2020 on the file of the Tadipatri Rural Police
Station, Tadipatri, Ananthapur District, pending disposal of CRLP 82 of 2021, on the file
of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri P Nagendra Reddy
Advocate for the Petitioner, and of Public Prosecutor for the Respondents and the Court
made the following.
ORDER:
"As the validity of the F.I.R registered in Crime No.615 of 2020 of
Tadipatri Rural Police Station, Ananthapur District is primarily
questioned on the ground that registration of various F.I.Rs for
commission of series of offences of similar nature that were allegedly
committed, is not permissible in view of the Judgment of the Hon'ble
Apex Court reported in Amitbhai Anilchandra Shah Vs. Central Bureau of
investigation and another((2013)6 Supreme Court Cases 348), which
prima facie requires examination in the main criminal petition, this Court
is of the considered view that there shall be a direction not to take any
coercive steps against petitioner(s) pursuant to registration of this F.I.R
in Crime No.615 of 2020 while allowing the investigation to go in first
crime that was registered in Crime No.615 of 2020 of Tadipatri Rural
Police Station, Ananthapur District that was registered earlier relating to
the offence.
A
Therefore, there shall be an interim stay of further proceedings
pursuant to registration of F.I.R in Crime No.615 of 2020 of Tadipatri
Rural Police Station, Ananthapur District, till the next date of hearing.
Post the matter after Pongal Vacation."
Sd/-K. JAGAN MOHAN
DEPUTY REGISTRAR
JITRUE COPY!!
e SC EN '
= 3 ION OFFICER
To,
4. The Station House Officer, Tadipatri Rural Police Station, Tadipatn, Ananthapur
District.
2. N.Sivaram Prasad, Deputy Transport Gommissioner, Ananthapur, Ananthapur
District.(by RPAD)
One CC to Sri. P Nagendra Reddy Advocate [OPUC]
Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
One spare copy
ak &
PR
Se
HIGH COURT
MSMJ
DATED:07/01/2021
POST THE MATTER AFTER PONGAL VACATION."
ORDER
CRLP.No.82 of 2021
INTERIM STAY
