This Criminal Petition Under ... vs Unknown
2023 Latest Caselaw 3418 AP

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THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No.3383 of 2014

ORDER:

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

by the petitioners/A.2 to A.4 seeking quash of proceedings in

Crime No.82 of 2014 of IV Town Police Station, Nellore,

registered for the offences punishable under Section 3(1)(x) of

SCs & STs (PoA) Act.

2. None appeared on behalf of the petitioners.

3. At the time of hearing Sri P.M.Mithileswara Reddy, 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 Resufacing 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.

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

(2018) 16 SCC 299

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 petitioners, the same would be

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

Cr.P.C., issued to the petitioners. If any case is made out 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. As a sequel, pending applications, if any, shall stand

closed.

JUSTICE DUPPALA VENKATARAMANA 13.07.2023 vnb Dinesh

(2014) 8 SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.3383 OF 2014

13.07.2023

vnb Dinesh