This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3620 AP

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THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No. 4609 of 2017
ORDER:

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

by the petitioner/accused seeking to quash the proceedings in

Crime No.64 of 2017 of Amalapuram Taluk Police Station, East

Godavari District, registered for the offence under Section 447,

427, 506 read with 34 IPC.

2. None appeared on behalf of the petitioner.

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

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

counsel for the petitioner is present nor any accommodation

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

that the offence registered against the petitioner is 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 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

seeking to quash the charge sheet, if he feels 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. 4609 OF 2017

21.07.2023

vnb/Dinesh