Himam Hussain Saheb vs The State Of Andhra Pradesh
2022 Latest Caselaw 5457 AP

       HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl.P.No.6278 of 2022

                     PROCEEDING SHEET

SL.     DATE                             ORDER                                OFFICE
NO.                                                                            NOTE
 2.   22.08.2022 NJS, J
                                Crl.P.No.6278 of 2022


                         Heard     the   learned     counsel     for   the
                 petitioners 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 petitioners 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 petitioners 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 petitioners, 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 petitioners/Accused Nos.7 and 8 are concerned.

______ NJS, J

IS