B.Vasu, Spsr Nellore Dt., vs The State Of Ap., Rep Pp And Anr.,
2023 Latest Caselaw 4315 AP

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     HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

             CRIMINAL PETITION.No.11347 of 2016
ORDER:

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

by the petitioner/A.3 seeking to quash the proceedings in Crime

No.158 of 2016 of IV Town Police Station, SPSR Nellore District,

registered for the offence under Sections 406 and 420 read with

34 IPC.

2. None appeared on behalf of the petitioner.

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 petitioner are punishable with

less than seven years period of imprisonment.

4. In these circumstances, this criminal petition is disposed

of leaving it open to the investigating officer to complete the

(2018) 16 SCC 299

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 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 a fresh petition

seeking to quash the charge sheet, if he feels 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.11347 OF 2016

15.09.2023

vnb/ Mjl/*