Dr.Lavanya Another vs The State Of Ap., Another
2023 Latest Caselaw 2046 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No.14688 of 2013

ORDER:

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

by the Petitioners/Accused Nos.3 and 4, seeking to quash the

proceedings in FIR No.54 of 2013 on the file of Women Police

Station, Nellore registered for the offence under Section 498-A

read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition

Act.

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. The offences registered

(2018) 16 SCC 299

against the petitioners are punishable with less than seven

years period of imprisonment.

4. In these circumstances, this criminal petition is disposed

of leaving it open to the investigating officer to complete the

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 petitioners, the same would be

taken only after an appropriate notice under Section 41(A) of

Cr.P.C issued to the petitioners. If charge sheet is filed in the

above crime, the petitioners are at liberty to file fresh petition

seeking quash of charge sheet, if they feel aggrieved by the

same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 18.04.2023 DNS

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 14688 OF 2013

18.04.2023

DNS