This Criminal Petition Is Filed ... vs Unknown
2023 Latest Caselaw 3763 AP

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THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No.9221 of 2016

ORDER:

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

the petitioners/A.1 and 2 seeking to quash the proceedings in

Crime No.191 of 2016 of Piduguralla Town Police Station, Guntur

District, registered for the offences under Section 353 read with 34

IPC.

2. This criminal petition has been pending for the last seven

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

counsel for the petitioners is present nor any accommodation has

been sought on their behalf. A perusal of the record shows that the

offence registered against the petitioner is punishable with less

than seven years period of imprisonment.

3. 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

Resurfacing Road Agency Private Limited and Another v.

Central Bureau of Investigation1, 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

investigation strictly in accordance with the guidelines given by the

(2018) 16 SCC 299

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

JUSTICE DUPPALA VENKATA RAMANA 31.07.2023 DNB/Mjl/* DNS

(2014) 8 SCC 273