Gopal Varma v. The State Of Telengana

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2416 of 2015 ORDER:

Learned counsel for the petitioner would submit that despite this Court granting stay of all further proceedings in the subject crime on 08.04.2015, PRC number vide PRC.No.20 of 2015 was assigned to the subject crime on 09.04.2015. However, he fairly admits that the petitioner has not filed an affidavit before the learned Special Judicial First Class Magistrate for Excise Cases, Erramanzil, intimating about the stay being granted by this Court on 08.04.2015. It appears, there was communication gap in transmitting the stay order passed by this Court and, being unaware of the stay order, PRC number was assigned by the trial Court to the subject crime on the very next day of the date of stay order, and therefore, the present petition becomes infructuous.

Hence, the Criminal Petition is dismissed as infructuous, leaving it open to the petitioner to avail appropriate remedy. Miscellaneous Petitions, if any, pending in this petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J January 24, 2017.

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