This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3787 AP

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THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No.14913 of 2016
ORDER:

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

by the petitioner/A.4 seeking to quash the proceedings in Crime

No.123 of 2016 of P.M.Palem Police Station, Visakhapatnam,

registered for the offence under Section 420 read with 34 IPC.

2. 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 for on his behalf. A perusal of the record shows

that the offence registered against the petitioner is punishable

with less than seven years period of imprisonment.

3. At the time of hearing, learned Assistant Public Prosecutor

submitted that due to 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

Resufacing 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 v. State of Bihar2. In the event of any coercive action

sought to be taken against the petitioner, the same would be

taken only after an appropriate notice under Section 41-A of

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

above crime, the petitioner is at liberty to file fresh petition

seeking to quash the charge sheet, if he feels aggrieved by the

same.

5. Pending applications, if any, shall stand closed.

JUSTICE DUPPALA VENKATA RAMANA

02.08.2023 Dinesh/Vnb Mjl/*

(2014) 8 SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.14913 OF 2016

02.08.2023

Dinesh/vnb/ Mjl/*