This Criminal Petition Under ... vs Unknown
2023 Latest Caselaw 3734 AP

                                    1




     THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

                    Criminal Petition No.12320 of 2017

ORDER:

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

by the petitioners/A.1 to A.4 seeking to quash the proceedings

in Crime No.98 of 2017 of Achanta Police Station, West Godavari

District, registered for the offences punishable under Sections

363 and 511 read with 34 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 is

sought 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.

4. At the time of hearing learned Assistant Public Prosecutor

submitted 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

Resufacing Road Agency Private Limited and Another v.

Central Bureau of Investigation1, stay is not in force.

(2018) 16 SCC 299

5. 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 a fresh petition

seeking to quash the charge sheet, if they feel aggrieved by the

same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 27.07.2023.

Mjl/* Dinesh

(2014) 8 SCC 273