Heard vs Unknown
2023 Latest Caselaw 3653 AP

                          HIGH COURT OF ANDHRA PRADESH


MAIN CASE No: W.P.No.17378 of 2023

                       PROCEEDING SHEET

                                                                                 OFFIC
Sl.
        DATE                                 ORDER                                 E
No.
                                                                                 NOTE.

02.   24.07.2023   RC,J

                                  W.P.No.17378 of 2023

                          Notice before admission.
                          Learned Government Pleader for Home takes
                   notice for R1.
                          Sri N.Harinath, Deputy solicitor General takes
                   notice for R2 & R3.
                          Post on 14.08.2023 for counter.


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                                  I.A.N0.01/2023
                          1. Heard.
                          2.      Learned    counsel   for   the   petitioners
                   submitted that, in a similar set of facts, the Division
                   Bench of this Court has quashed the criminal case in
                   W.P.no.26990/2021        and   W.P.No.5441/2022.        He
                   further submitted that, pending consideration of the
                   writ petition, if the criminal case is not stayed, the
                   purpose of filing the writ petition would be defeated.
                   As such, prayed to protect the interest of the
                   petitioners.
                          On the other hand, learned Deputy solicitor
                   General submitted that, as against the order of this
                   Court which is relied by the learned counsel for the
                   petitioners, the respondent authorities have already

filed special leave petition before the Hon'ble Supreme Court and it is pending consideration and sought time to file counter in that regard.

In reply, learned counsel for the petitioner submitted that, if interim orders are not granted pending writ petition, the purpose of filing the writ petition would be defeated and prayed to protect the interest of the petitioners.

Perused the record.

Prima facie, there is a point made out for consideration and this court finds that the judgment relied by the learned counsel for the petitioners is applicable to the facts of this case. There is some force in the contentions of the learned counsel for the petitioners that if the criminal case is proceeded further and decided, the petitioners right as well as purpose of filing the writ petition would be defeated. As such. this Court is inclined to pass the following order:

There shall be stay of all further proceedings in C.C.No.33 of 2023, on the file of Court of Special Judge for CBI Cases, Guntur, pending disposal of the writ petition.

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