This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3619 AP

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THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No. 4687 of 2017
ORDER:

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

by the petitioners/A.6 to A.8 seeking to quash the proceedings

in Crime No.225 of 2017 of Machavaram Police Station,

Vijayawada City, registered for the offence under Sections 420

and 384 IPC.

2. None appeared on behalf of the petitioners.

3. This Criminal Petition has been pending for the last six

years. Today, when the matter is called, neither the learned

counsel for the petitioners is present nor any accommodation

has been sought for on their behalf. Perusal of the record shows

that the offences registered against the petitioners are

punishable with less than seven years period of imprisonment.

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

Resufacing Road Agency Private Limited and Another v.

Central Bureau of Investigation1, stay is not in force.

(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 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 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 21.07.2023 vnb/Dinesh

(2014) 8 SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 4687 OF 2017

21.07.2023

vnb/Dinesh