This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 1991 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No.15420 of 2013

ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C.,

by the Petitioners/Accused, seeking to quash the proceedings in

FIR No.140 of 2013 on the file of Santhamaguluru Police

Station, Prakasam District registered for the offence under

Sections 494 and 109 IPC.

2. None appeared on behalf of the petitioners.

3. This criminal petition has been pending for the last nine

years. Today when the matter is called, neither the learned

counsel for the petitioners is present nor any accommodation

has been sought on their behalf. At the time of hearing, learned

Assistant Public Prosecutor submitted that due to the stay

granted by this Court in the above crime, the investigation has

been stalled. However, in view of the judgment of the Hon'ble

Supreme Court of India in Asian Resurfacing of Road Agency

Private Limited and Another v. Central Bureau of

Investigation1 , stay is not in force.

4. In these circumstances, this criminal petition is disposed

of leaving it open to the investigating officer to complete the

(2018) 16 SCC 299

investigation strictly in accordance with the guidelines given by

the Hon'ble Supreme Court of India in the case of Arnesh

Kumar Vs. State of Bihar2. In the event of any coercive action

sought to be taken against the petitioner/accused, the same

would be taken only after an appropriate notice under Section

41(A) of Cr.P.C issued to the petitioner.

5. As a sequel, pending applications, if any, shall stand

closed.

JUSTICE DUPPALA VENKATA RAMANA 17.04.2023 DNS

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 15420 OF 2013

17.04.2023

DNS