Vs. A.V.S. Mallikarjuna Rao & ANR.  INSC 1757 (17 October 2008)
JURISDICTION CRIMINAL APPEAL NO. 1679 OF 2008 [Arising out of SLP(Crl.)
No.6713/2007] CHADALAVADA SRILATHA ... APPELLANT(S) :VERSUS:
Mr. Altaf Ahmed,
learned senior counsel appearing on behalf of the appellants states that an
affidavit has been filed in terms of this Court's order dated 12.5.2008.
Having heard the
learned counsel for the parties, we are of the opinion that keeping in view the
statements made by Ch. Srilatha in her affidavit affirmed on 26th November,
2007 as also the statement made before us that she was unable to appear before
the authorities under the Customs Act pursuant to the summons issued on
6.12.2005, 5.1.2006 and 2.2.2006 as she did not have sufficient time there for
and furthermore in view of the fact that she has now appeared before the Senior
Intelligence Officers and Revenue Intelligence, Hyderabad on 22nd, 23rd and
24th September, 2008, no useful purpose will be served in allowing the
prosecution under Sections 174 and 175 of the Indian Penal Code (being CC No.
1191/2006) to continue.
However, we place on
record the statement made by the learned Additional Solicitor General that the
statements made by Ch. Srilatha that she had neither worked with M/s. Sravani
Impex Pvt. Ltd. nor associated herself with any of its business activities, are
not correct. The said issue may be determined in an appropriate proceedings.
We furthermore make it
clear that we have not entered into the merit of the main matter. The
authorities may proceed to decide the merit of the matter in those proceedings
in accordance with law.
aforementioned observation, the criminal complaint is quashed.
The appeal is
disposed of accordingly.