Kanche Narsa Reddy 10 Ors vs The State Of Ap. Rep. By P.P. ...
2023 Latest Caselaw 2647 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No.16458 of 2016

ORDER:

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

by the petitioners seeking to quash the proceedings in F.I.R in

Cr.No.135 of 2013 of Mariipadu (D.C.Palli) Police Station, Nellore

District for the offences under Sections 447, 427 read with 34 of

IPC.

2. None appeared on behalf of the petitioners.

3. This criminal petition is pending for the last ten 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. Perusal of the record shows that the

offences registered against the petitioners 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 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 fell aggrieved by the same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 28.04.2023 PKR

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.16458 of 2016

28.04.2023

PKR