Appeal filed against an order allowing investigation continuation and imposing stay on arrest. Court declined interference, noting prosecution's right to apply for vacation of the order or seek arrest permission.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL No. 296 OF 2016
03-06-2016
Between: Green Mint India Agritech Private Limited, rep., by its Managing Director, P.T. Murali Dora Bhuthanadhu, S/o. late Raja Rao Bhuthanadhu, aged about 32 years, having its office at 203, Madhusha Apartment, Street No.5, Habsiguda, Hyderabad – 500 007
… Appellant
And
M/s. Oritental Insurance Company Limited, rep., by its Chairman-cumManaging Director, Regd. Office: Oriental House, A-25/27, Asaf Ali Road, New Delhi - 110002 and others
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL No. 296 OF 2016
PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
S r i Sesibhushan Rao, learned counsel for the appellant confined challenge to the order whereby learned single Judge allowed the authorities to continue with the investigation and observed that till filing of the final report, the petitioners i.e., respondent Nos.1 to 4 shall not be subjected to arrest.
We are not inclined to interfere with this order, since it is always open to the prosecution to apply for vacating the order and/or seek permission to arrest the accused.
With these observations, the appeal is disposed of. Miscellaneous petitions, if any, also stand disposed of.
_________________________ DILIP B. BHOSALE, ACJ
________________________ P. NAVEEN RAO, J
03-06-2016 pnb
2 issues framed by the court
Whether the High Court should interfere with the single judge's order allowing authorities to continue investigation and directing a stay on arrest.
Whether the prosecution should be allowed to apply for vacating the order and seek arrest permission.
Green Mint India Agritech Private Limited, rep. by P.T. Murali Dora Bhuthanadhu
M/s. Oritental Insurance Company Limited and others
DILIP B. BHOSALE
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
