Andhra Pradesh High Court - Amravati
Heard Sri P.Gangayya Naidu vs Central Bureau on 14 July, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.No.43510 OF 2018
PROCEEDING SHEET
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12 14.07.2023 RNT,J
I.A. No.1 of 2023
1. Heard Sri P.Gangayya Naidu, learned
Senior Advocate assisted by Sri N.Bharath
Babu, learned counsel for the petitioner.
2. This is an application seeking
extension of the interim suspension granted
by this Court in the main W.P. No.43510 of
2018 on 31.07.2019, which was extended
from time to time until further orders.
3. Learned Senior Advocate submits
that initially, this Court granted interim order
on 31.07.2019 which reads as under:
"Having regard to the statement
that, in similar circumstances, this
Court granted interim order in
W.P.M.P.No.45469 of 2017 in
W.P.No.36605 of 2017, dated
02.11.2017, there shall be interim
suspension, as prayed for, till
21.08.2019."
4. The proceedings impugned in the
writ petition are of 2nd respondent vide
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proceedings No.CMD/CGM(HRD)/JS/GM/HR/
DGM-VI/PO(DC-1)/E-448-TPT/D.No.3050/18,
dated 14.11.2018 granting sanction against
the petitioner of prosecution for the offence
punishable under Sections 7; 13(2) read with
13(1)(d) of the Prevention of Corruption Act,
1988.
5. After the judgment of the Hon'ble
Supreme Court of India in the case of Asian
Resurfacing of Road Agency Private
Limited and Another V. Central Bureau
of Investigation1, the interim order, dated
31.07.2019 was granted and extended until
further orders, vide order, dated 30.12.2021.
6. Learned counsel for the petitioner
submits that inspite of the order, dated
30.12.2021, the learned II Additional District
and Sessions Judge-cum-ACB Judge, Nellore
in C.C.No.12 of 2019, pending before it, has
passed an order, dated 28.06.2023, fixing
the next date of hearing with a direction to
the parties to proceed with the case
proceedings, after holding that there is no
stay in the case, by observing that in the
order, dated 21.06.2019 of the K.Ranga
Prasad Verma vs. K.Sitarama Murthy's case
.(2018) 16 SCC 299
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of the Hon'ble High Court, it was mentioned
that the stay will automatically lapse after six
months from the date of the said order
unless extended by speaking order.
7. Learned counsel for the petitioner
submits that in the case of K.Ranga Prasad
Verma (supra), it is held by this Court that
the gist of the Hon'ble Apex Court in Asian
Resurfacing of Road Agency Private
Limited's case (supra) that the contingency
of expiry of stay after six months would arise
only in cases where there is a Stay of Trial.
8. On 30.12.2021, the following order
was passed in the writ petition by this Court:
"The present I.A. is filed seeking to
extend the interim suspension
granted by this Court, dated
31.07.2019, which was extended
from time to time until further orders.
Taking into consideration,
submissions made by the learned
counsel for the petitioner, interim
order granted on 31.07.2019 which
was extended from time to time is
hereby extended until further orders."
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9. It is evident from the order dated
30.12.2021 that the interim order was
extended until further orders on
consideration of the submissions advanced
by the learned counsel for the petitioner.
10. The order dated 28.06.2023
passed by the learned II Additional District
and Sessions Judge-cum-ACB Judge, Nellore
reads as under:
"Accused Officer present. Memo filed
on behalf of the counsel for Accused
Officer stating that STAY was granted on
31.07.2019 and is in force. Affidavit of
the counsel for Accused Officer filed. In
the light of a decision rendered by the
Hon'ble High Court of A.P. in between
K.Ranga Prasad Varma Vs. K.Sitarama
Murthy on 21st June, 2019 wherein there
is a clear mention that Stay will
automatically lapse after six months
from the date of the said Order unless
extended by speaking order. Therefore,
this Court holds that there is no stay in
this case and the parties are directed to
proceed with the case proceedings. For
hearing on charges on call on
17.7.2023."
11. It appears from the perusal of the
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order, dated 28.06.2023, the order passed
by this Court dated 30.12.2021, extending
the interim order, dated 31.07.2019, until
further orders, was not brought to the notice
of the Court concerned at the time of passing
of the order, dated 26.08.2023, as there is
no mention of the order of this Court, dated
30.12.2021. The order of the learned II
Additional District and Sessions Judge-cum-
ACB Judge, Nellore considers only, as was
submitted that the interim order, dated
31.07.2019 was in force.
12. From the order sheet of this writ
petition, it is evident that the interim order
dated 31.07.2019 passed by this Court was
extended from time to time and by order
dated 30.12.2021, it was extended until
further orders.
13. In view thereof, the I.A.No.1 of
2023 was not required seeking extension,
instead the petitioner ought to have filed
copy of the order, dated 30.12.2021 before
the learned trial Court.
14. Learned Senior Advocate submits
that the copy of the order, dated 30.12.2021
was placed on record of the criminal case
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before the trial Court.
15. The Interlocutory Application No.1
of 2023 is disposed of finally, providing that
the learned trial Court shall pass fresh orders
taking into consideration, the interim order,
dated 30.12.2021 passed by this Court, a
copy of which, the petitioner shall file before
the Court concerned on the next date fixed,
as pointed out to be 17.07.2023.
16. The learned II Additional District
and Sessions Judge-cum-ACB Judge, Nellore
shall follow the interim order, dated
30.12.2021.
17. The learned II Additional District
and Sessions Judge-cum-ACB Judge, Nellore
shall also send a report to this Court if the
copy of the interim order, dated 30.12.2021
was previously placed on its record or not.
18. List the writ petition on 31.07.2023.
________
RNT,J
SPP/PND
