Kolli Kotnis, W.G.Dt., vs State Of Ap., Rep. Pp And Anr.,
2023 Latest Caselaw 2708 AP

      HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

              CRIMINAL PETITION No.14135 of 2013

ORDER:

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

by the petitioner/accused seeking to quash the proceedings in

Crime No.61 of 2013 of Jeelugumilli Police Station registered for

the offences under Sections 448, 352 and 509 IPC.

2. None appeared on behalf of the petitioner.

3. This criminal petition has been pending for the last ten

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

counsel for the petitioner is present nor any accommodation has

been sought on his behalf. Perusal of the record shows that the

offences registered against the petitioner are punishable with

less than seven years period of imprisonment. 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 of

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 Vs. 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 to

question the charge sheet, if he feels aggrieved by the same.

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

closed.

JUSTICE DUPPALA VENKATA RAMANA 01.05.2023 DNS

2014 (8) SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No.14135 of 2013

01.05.2023

DNS