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2025 DAILYLAW 18432 (AP)

M/S SAUTHRIKA TECHNOLOGIES AND INFRA PRIVATE LTD v. THE STATE OF ANDHRA PRADESH

CRLP/5312/2025 · 2025-05-07

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S! t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5312 OF 2025 Between: M/s Sauihrika Technologies And Infra Private Ltd, A Company Incorporated under the Companies Act,2013, Having its Registered Office 402, Sai Niiayam 2, BMPS Road, Prasadampadu Pradesh Represented by its Authorized Representative Chief Information Officer. at, 6-177/1, TF Vijayawada, Andhra Bikkina Kondalrao, ...PETITIONERS/ACCUSED No.2 AND 1. The State of Andhra Pradesh, Represented by S.H.O Vijayawada, NTR DISTRICT, Rep. Through the Public Prosecutor Andhra Pradesh.High Court of Andhra Pradesh at Amaravati. 2. Deputy Superintendent of Police Investigation Unit, Andhra Pradesh, Vijayawada. ACB, CIU, AP, State of Anti-Corruption Bureau, Central ...RESPONDENT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the FIR No.05/RCO-CIU-ACB of 2024 dated 24.12.2024, registered on the file of the ACB, CIU, Andhra ' ' Pradesh for the offences punishable under Sections 409,420,477A R/w 120B of the Indian Penal Code, 1860 and Section 13(1) (a) r/w Section 13(2) and Section 7 of the Prevention of Corruption Act, 1988. in the interest of equity and justice while exercising its inherent jurisdiction under Section'482 of Cr.P.C I.A. NO: 1 OF 2025 " Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy pf the FIR No.05/RCO-CIU-ACB of 2024 dated 24.12.2024, registered on the file of the ACB, CIU, Andhra Pradesh for the offences punishable under Sections 409,420,477A R/w 120B of the Indian Penal Code,1860 and Section 13(1) (a) r/w Section 13(2) and Section 7 of the Prevention of Corruption Act, 1988, pending disposal of the above Criminal Petition I.A. NO: 2 OF 2Q2fi Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds pf Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in FIR NO.05/RCO-CIU-ACB of 2024 dated 24.12.2024, registered on the file of the ACB, CIU, Andhra Pradesh for the offences punishable Sections 409,420,477A R/w 120B of the Indian Penal Code Section 13(1) (a) r/w Section 13(2) and Section 7 of the Prevention under 1860 and of Corruption Act, 1988, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N Ashwani Kumar .Advocate for the Petitioner and the SC- cum- Special PP for ACB, on behalf of the Respondent No.1 The Court made the following: ' 1 CRLP No.5312of 2025 APHC010255452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3457] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5312/2025 Between: M/s Sauthrika Technologies And Infra Private Ltd ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.N ASHWANI KUMAR Counsel for the Respondent/complainant(S): 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: 2 CRLP No.5312 of 2025 ^ THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5312 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. 2. The petitioner is challenging the registration of Crime No. 5/RCO-CIU- ACB of 2024 on the file of the ACB, CIU, AP Vijayawada, NTR District, wherein the petitioner is arraigned as A.2. 3. The learned counsel for the petitioner submits that a show cause notice dated 29.05.2023 was issued, calling upon the petitioner to submit an explanation regarding the failures observed by the committee in relation to the progress of the tender and the execution of work under Contract No.RC 3776/Planning/2015/NOC Portal. 4. It is further submitted that the petitioner had previously filed Writ Petition No. 13793 of 2023, wherein this Court granted an interim direction restraining the respondents therein from taking coercive steps against the petitioner. The learned counsel submits that the contents of the said show cause notice now form the basis of the complaint lodged by the 1 respondent. 5. It is submitted that while the writ petition remains pending adjudication, the 1®* respondent ought not to have instituted a complaint on an identical allegations, particularly, concerning alleged non-performance of contractual obligations. St I 3 CRLP No.5312 of2o^ 6. In reply, the learned standing counsel appearing for the respondents submits that a notice under Section 41-A of the Code of Criminal Procedure was issued to the petitioner on 02.05.2025, requiring the presence of the petitioner on 08.05.2025. In light of the ongoing investigation, this Court is not inclined to interfere 7. at this preliminary stage. 8. Accordingly, the criminal petition stands dismissed. 9. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. SD/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, ACB, CIU, A.P, Vijayawada, NTR District 2. One CC to SRI N.ASHWANI KUMAR, Advocate [OPUC] 3. One CC to SRI S.SYAM SUNDER RAO, SC -cum- Special P.P for ACB, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Three CD Copies US HIGH COURT DATED: 08/05/2025 ■s. ORDER CRLP.No.5312 of 2025 ^21 JUN 2025 yco. ^SjCun’ent Sectiojjx^^ DISMISSING THE CRIMINAL PETITION