This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3639 AP

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     HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION No. 4618 of 2017
ORDER:

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

by the petitioner/A.1 seeking to quash the proceedings in Crime

No.2 of 2017 of KADAPA Women U/G Police Station, YSR

Kadapa District, registered for the offence under Section 498-A

and 506 read with 34 IPC and Sections 3 and 4 of Dowry

Prohibition Act.

2. Learned counsel for the petitioner is present and

submitted that the criminal petition may be disposed of by

giving direction to the Police to investigate the matter by issuing

Section 41-A Cr.P.C notice to the petitioner.

3. Learned Assistant Public Prosecutor conceded the same.

The criminal petition has been pending since more than seven

years. 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 Investigation 1,

stay is not in force.

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 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. 4618 OF 2017

21.07.2023

vnb/Dinesh