STATE OF ANDHRA PRADESH Vs. P V PAVITHRAN
LAWS(SC)-1990-3-32
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on March 01,1990

STATE OF ANDHRA PRADESH Appellant
VERSUS
P.V.PAVITHRAN Respondents


Referred Judgements :-

RAGHUBIR SINGH SIMRANJIT SINGH MANN VS. STATE OF BIHAR [RELIED ON]



Cited Judgements :-

ABDUL REHMAN ANTULAY VS. R S NAYAK [LAWS(SC)-1991-12-10] [CONSIDERED : 1991 SCC (CRI) 7]
JAGDISH PRASAD SHARMA VS. STATE [LAWS(DLH)-1996-5-82] [REFERRED TO]
BHAGWANT DIN VS. STATE OF U P [LAWS(ALL)-1995-2-34] [REFERRED TO]
BHANU PRATAP SINGH VS. ADDL SUPERINTENDENT OF POLICE CRIME BRANCH CRIME INVESTIGATION DEPTT LUCKNOW [LAWS(ALL)-1997-6-10] [REFERRED TO]
BHAGVAT DIN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2002-11-60] [REFERRED TO]
DHARMA REDDY VS. STATE [LAWS(APH)-1990-11-10] [REFERRED TO]
N V RAGHAVA REDDY VS. INSPECTOR OF POLICE II ANTI CORRUPTION BUREAU [LAWS(APH)-1990-12-5] [REFERRED TO]
S SATYAVATI VS. STATE [LAWS(APH)-1991-4-7] [REFERRED TO]
M YADIGIRI GOUD VS. INSPECTOR OF POLICE AMI CORRUPTION [LAWS(APH)-1991-7-42] [REFERRED TO]
V RAMA DEVI VS. L NIRMALA DEVI [LAWS(APH)-1992-7-27] [REFERRED TO]
PEARL BEVERAGES LIMITED VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2000-6-69] [REFERRED]
RABINDRANATH ROUT VS. STATE OF ORISSA [LAWS(ORI)-1991-6-9] [REFERRED TO]
BIPIN BIHARI DAS VS. STATE OF ORISSA [LAWS(ORI)-1992-7-16] [REFERRED TO]
P A VIJAYAN VS. STATE OF KARNATAKA [LAWS(KAR)-2001-8-44] [REFERRED TO]
RAM SHANKER PANDEY VS. U P POLICE [LAWS(ALL)-1994-4-78] [REFERRED TO]
SEETA HEMCHANDRA SHASHITTAL VS. STATE OF MAHARASHTRA [LAWS(SC)-2001-2-197] [REFERRED]
MANJIT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1996-11-10] [REFERRED TO]
D KRISHNAPPA VS. SUPERINTENDENT OF POLICE [LAWS(KAR)-2008-6-36] [REFERRED TO]
O ARUMUGAM VS. STATE [LAWS(MAD)-1994-2-66] [REFERRED TO]
P K LAMBODARAN NAIR IPS VS. STATE OF KERALA [LAWS(KER)-2003-2-94] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. K G PREMSANKAR [LAWS(KER)-2004-11-68] [REFERRED TO]
STATE OF MAHARASHTRA VS. PRATAPSINHA ALIAS SANJAY SHANKARRAO CHAVAN [LAWS(BOM)-2006-8-99] [REFERRED TO]
H S S RAGHUVANSHI VS. STATE M P [LAWS(MPH)-2008-4-34] [REFERRED TO]
KULBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1990-9-62] [REFERRED TO]
AMRINDER SINGH KANG VS. STATE OF PUNJAB [LAWS(P&H)-1993-8-52] [RELIED ON]
AMRINDER SINGH KANG VS. STATE OF PUNJAB [LAWS(P&H)-1993-8-106] [REFERRED TO]
AJIT SINGH VS. FOOD CORPORATION OF INDIA [LAWS(P&H)-1994-3-23] [REFERRED TO]
BHAGWANJEE PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2002-7-13] [REFERRED TO]
L RAMACHANDRAN VS. STATE [LAWS(MAD)-2001-3-113] [REFERRED TO]
CHHOTA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1997-12-73] [REFERRED TO]
MANJIT SINGH VS. STATE OF H.P. [LAWS(HPH)-1996-1-20] [REFERRED TO]
SATNAM SINGH SAHNI VS. STATE OF PUNJAB [LAWS(P&H)-2002-9-95] [REFERRED TO]
KAMAL GAIND VS. STATE [LAWS(DLH)-2013-9-515] [REFERRED TO]
K.N. Thapak VS. Special Police Establishment Lok Ayukt, Moti Mahal, Gwalior [LAWS(MPH)-1996-12-51] [REFERRED TO]
A.S. RANA VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2008-7-95] [REFERRED TO]
BALDEV SINGH GILL VS. STATE OF PUNJAB [LAWS(P&H)-1996-2-182] [REFERRED TO]
K. RAJAMANICKAM AND ORS. VS. STATE OF TAMIL NADU, [LAWS(MAD)-1991-1-91] [REFERRED TO]
RAM KISHORE GUPTA VS. Y.S. BISHT [LAWS(DLH)-2003-4-106] [REFERRED TO]
GOPAL CHANDRA ORAON VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-9-4] [REFERRED TO]
MUKUNDAN VS. STATE OF KERALA [LAWS(KER)-2016-4-115] [REFERRED TO]
AMRESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2017-12-36] [REFERRED TO]
MRS. P.S. SHIMI VS. STATE OF KERALA AND OTHERS [LAWS(KER)-2018-2-566] [REFERRED TO]
P BOJARAJAN S/O PARTHASARATHY MUDALIAR VS. STATE REP BY SUB-INSPECTOR OF POLICE [LAWS(MAD)-2018-10-105] [REFERRED TO]
SACHIN V.JAIN VS. STATE [LAWS(MAD)-2020-1-446] [REFERRED TO]
MRS. MANASA ALIAS JWALA VS. STATE OF TELANGANA [LAWS(TLNG)-2021-7-18] [REFERRED TO]


JUDGEMENT

S. Ratnavel Pandian, J. - (1.)The State of Andhra Pradesh represented by the Director, Anti-Corruption Bureau, Hyderabad has filed this criminal appeal challenging the correctness of the Order dated 29-7-88 of the High Court of Andhra Pradesh in Crime No. 7 ACB/ Cr. 11/84 dated 8-3-1984 on the file of the Special Judge for ACB AND SPE quashing the First Information Report in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure.
(2.)A few facts relevant to decide this case may be stated:- The respondent was selected to the Indian Police Service in the year 1953 and he worked in various capacities at different places. While he was working as Commissioner of Weights and Measures, Government of Andhra Pradesh, on a report dated 3-7-1984 submitted by the Deputy Superintendent of Police, Anti Corruption Bureau, a case was registered against him on 8-3-1984 in Crime No. 7/ AC13/Cr.11/84 under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 on the allegations that while functioning as Commissioner of Police and later as Vice-Chairman of Andhra Pradesh Housing Board during the years 1978-82, he indulged in corrupt practices and acquired immovable assets either in his name or in the name of his wife. The Anti-Corruption Bureau after completing his investigation submitted its report on 22-4-1987 to its Director-General who in turn sent the same to the Government on 17-9-1987. The Government accorded the necessary sanction for prosecution in G.O. Ms. Nos. 525 and 526 dated 16-9-1988. In the meantime, the respondent filed the criminal petition for quashing further proceedings pursuant to the registration of the First Information Report, inter alia, contending that there had been lull in the investigation for fairly long spell causing inordinate delay and that the prosecution had not filed its report contemplated under Section 173 Cr.P.C. till he filed the petition for quashing the proceedings in November 1987 though the case was registered even in March 1984.
(3.)The plea of the respondent was stoutly resisted by the appellant stating that the delay was occasioned on account of the dilatory tactics adopted by the respondent and the case was a complicated and time-consuming one.
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