This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3570 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No.10983 of 2015

ORDER:

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

by the Petitioner/A.2, seeking to quash the proceedings in Crime

No.99 of 2014 on the file of Sakhinetipalli Police Station, East

Godavari District registered for the offence under Sections 379

read with 34 IPC and Section 156(3) Cr.P.C.

2. None appeared on behalf of the petitioner.

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

learned Assistant Public Prosecutor, on instructions, would

submit 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.

Perusal of the record shows that the offence registered against

the petitioner 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

(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 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 to

question the charge sheet, if he feels aggrieved by the same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 19.07.2023 VNB/ Dinesh

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 10983 OF 2015

19.07.2023

VNB/ Dinesh