S.Praveen Chakravarthy, ... vs P.P., Hyd Ano
2023 Latest Caselaw 2501 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No. 5599 of 2016

ORDER:

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

by the Petitioner/A-1, seeking to quash the proceedings in

Crime No.65 of 2016 on the file of PS Kakinada II Town, East

Godavari District.

2. None appeared on behalf of the petitioner.

3. This criminal petition has been pending for the last

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

learned counsel for the petitioner is present nor any

accommodation has been sought on her behalf. Perusal of the

record shows that the offences registered against the petitioner

are punishable with less than seven years period of

imprisonment. 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.

(2018) 16 SCC 299

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 petitioner/A-1,

the same would be taken only after an appropriate notice under

Section 41-A of Cr.P.C issued to the petitioner. If the charge

sheet is filed in the above crime, the petitioner is at liberty to file

fresh petition seeking quash of charge sheet, if he feels aggrieved

by the same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 26.04.2023 PKR

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 5599 OF 2016

26.04.2023

PKR