Nelamraju Thirupati Swamy v. The S.H.O. Satyanarayanapuram Police Station

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.26166 of 2009 ORDER:

This writ petition was filed for quashing the F.I.R in Crime No.544 of 2009 dated 27.10.2009 on the file of the Police Station, Satyanarayanapuram, Vijayawada, Krishna District. This Court, by order dated 27.11.2009, granted interim stay of arrest of the petitioners and the said order has been in operation till today.

A counter affidavit is filed by respondent No.1 stating that during the course of investigation the complainant and 50 other witnesses were examined and their detailed statements were recorded. A1, A2, A3, A6 to A8 were arrested and sent to judicial custody. A9 had obtained anticipatory bail on 10.06.2011 in Criminal Petition No.3992 of 2011. The counter affidavit further states that the case will be finalized and an appropriate report will be submitted before the concerned Court by following the due process of law.

On the basis of written instructions, learned Government Pleader for Home submits that the investigation was completed and charge sheet was filed on 23.12.2015 before the Hon'ble Metropolitan Sessions Judge-cum-Special Court APPDFE Act, Vijayawada and the C.C. number was awaited.

In the circumstances, this writ petition does not survive for consideration and is accordingly dismissed. No order as to costs. However, in view of the interim order dated 27.11.2009, the petitioners shall not be arrested without taking permission from the Court of Metropolitan Sessions Judge-cum-Special Court APPDFE

Act, Vijayawada.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 19.02.2016 MVA