Korra Ramesh Babu vs State Of Andhra Pradesh,
2022 Latest Caselaw 5456 AP

       HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl.P.No.6279 of 2022

                      PROCEEDING SHEET

SL.     DATE                              ORDER                                     OFFICE
NO.                                                                                  NOTE
 2.   22.08.2022 NJS, J
                                Crl.P.No.6279 of 2022


                         Heard     the       learned     counsel     for     the
                 petitioner     and    the     learned    Assistant        Public
                 Prosecutor for the 1st respondent-State.

Issue notice to the 2nd respondent/de facto complainant, returnable in four (4) weeks.

Learned counsel for the petitioner is also permitted to take out personal notice to the 2nd respondent by RPAD and file proof of service in the Registry, by the next date of adjournment.

List this case after eight (8) weeks.

______ NJS, J I.A.No.1 of 2022

Learned counsel for the petitioners, inter alia, submits that the learned Magistrate has taken cognizance of the offence, without assigning any reasons, much less, by application of mind and on that ground the proceedings initiated against the petitioners have to be quashed. He also submits that the alleged offence had taken place in the year 2012, though, more than 10 years have lapsed, the Police have not completed the investigation and in the said circumstances, continuation of proceedings against the petitioners would not be legally sustainable.

 SL.   DATE                          ORDER                             OFFICE
NO.                                                                    NOTE

In support of his contentions, the learned counsel for the petitioner placed reliance on the decision of the Hon'ble Division Bench of the Supreme Court in Pankaj Kumar vs. State of Maharashtra and others, 2009 (1) ALT (CRI.)(SC) 157.

Learned Assistant Public Prosecutor on the other hand submits that as per the instructions received by him, the investigation is in progress and any interim order at this stage, may hamper the same.

Considering the submissions made, this Court finds merit in the contentions raised by the learned counsel for the petitioner, more particularly, finds merit in the submissions made by the learned counsel for the petitioner, more particularly, in the light of the expression of the Hon'ble Supreme Court in the above referred Judgment.

In view of the same, there shall be interim stay of all further proceedings in Crime No.382 of 2012 on the file of the Station House Officer, East Police Station, Tirupati, Chittoor District, in so far as the petitioner/Accused No.13 is concerned.

______ NJS, J

IS