This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3318 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

               CRIMINAL PETITION No. 2361 of 2014

ORDER:

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

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

No.279 of 2013 on the file of Chillakallu Police Station,

Krishna District registered for the offences under Sections

420 of IPC.

2. None appeared on behalf of the petitioner/A.1.

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

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

counsel for the petitioner is present nor any accommodation has

been sought on his behalf. Perusal of the record shows that the

offence registered against the petitioner is 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 is 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, 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 quash of charge sheet, if they feel aggrieved by the

same.

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

closed.

DUPPALA VENKATA RAMANA, J 05.07.2023 PKR Dinesh

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 2361 OF 2014

05.07.2023

PKR