This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3618 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No.5219 of 2017

ORDER:

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

by the Petitioners/A.1 and A.2, seeking to quash the

proceedings in Crime No.61 of 2017 on the file of Kirlampudi

Police Station, East Godavari District registered for the offence

under Section 354 read with 34 IPC and Sections 3(1)(r)(s)(w)

and Section 2(V) of SCs & STs (PoA) Act.

2. Learned counsel for the petitioners is present and

submitted that according to his instructions, the above crime

was referred as 'False'.

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

(2018) 16 SCC 299

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

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 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 to

question the charge sheet, if they feel aggrieved by the same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 21.07.2023 VNB/ Dinesh

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.5219 OF 2017

21.07.2023

VNB/ Dinesh