This Criminal Petition Is Filed ... vs Central Bureau Of Investigation1
2023 Latest Caselaw 3382 AP

THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

            CRIMINAL PETITION No.11984 of 2014

ORDER:

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

the petitioners seeking quash of FIR No.583 of 2014 of

Pattabhipuram Police Station, registered for the offence

punishable under Section 3(1)(x) of SCs & STs (PoA) Act.

2. This criminal petition is pending since last nine years.

Today, when the matter is called, neither learned counsel for the

petitioners is present nor any accommodation has been sought

for on thier behalf.

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

Resurfacing of Road Agency Private Limited and Another V.

Central Bureau of Investigation1, Stay is not in force. Perusal

of the record shows that the offence registered against the

petitioners is punishable with less than seven years period of

imprisonment.

1.(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 judgement 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 to quash the charge sheet, if they feel aggrieved by the

same.

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

JUSTICE DUPPALA VENKATA RAMANA 11.07.2023 Dinesh

2 2014(8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.11984 OF 2014

11.07.2023 Dinesh