T.Rangaiah, Anantapur Dt 7 ... vs State, Reptadipatri Rural Ps Anr, ...
2023 Latest Caselaw 2758 AP

       HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

               CRIMINAL PETITION No. 13776 of 2013

ORDER:

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

the petitioners/A-1 to A-8 seeking to quash F.I.R. No.185 of 2013

of Rural Police Station, Tadipatri, Anantapur District, registered

for the offences under Section 3(1)(x) of the SCs & STs (PoA) Act,

and Section 448 IPC, against them.

2. Learned counsel for the petitioners is present.

3. At the time of hearing, learned Assistant Public

Prosecutor would submit that the offences registered against the

petitioners are punishable with less than seven years period of

imprisonment and 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.

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

(2018) 16 SCC 299 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 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 to

question 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 02.05.2023 Mjl/*

2014 (8) SCC 273 HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION No. 13776 of 2013

02.05.2023 Mjl/*