Golla Chennamma 2 Ors vs State Rep. By P.P. Another
2023 Latest Caselaw 4304 AP

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     HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION.No.16451 of 2016
ORDER:

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

by the petitioners/A.4 to A.6 seeking to quash the proceedings

in Crime No.27 of 2016 of Kundurpi Police Station,

Anantapuramu District, registered for the offence under

Sections 147, 148, 326 read with 149 IPC and Section 3(1)(g)(r)

of the Scheduled Castes and Scheduled Tribes (PoA) Act, 2015.

2. Learned counsel for the petitioners is present.

3. At the time of hearing, learned Assistant Public Prosecutor

submitted that though no stay was granted by this Court at the

inception, the investigation has been stalled. However, even if

stay was granted, 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, which is automatically

vacated after six months. A perusal of the record shows that the

offences registered against the petitioners are punishable with

less than seven years period of imprisonment.

(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 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.

5. Pending applications, if any, shall stand closed.

JUSTICE DUPPALA VENKATA RAMANA 15.09.2023 vnb Mjl/*

(2014) 8 SCC 273

HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

CRIMINAL PETITION.No.16451 OF 2016

15.09.2023

vnb/ Mjl/*