THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 11378 of 2010 Order: This petition, under Section 482 Cr.P.C., is filed by the petitioners/A2, A3 and A5 seeking to quash the proceedings in FIR No.44 of 2010 of II Town Police Station, Kadapa, registered for the offences punishable under Sections 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act. This Court, on 30.12.2010, while issuing notice before admission, passed the following interim order. “Notice before admission. The learned counsel for the petitioners is also permitted to take out personal notice to the private respondents by RPAD and file proof of service. There shall be interim stay of all further proceedings for a period of six weeks from today. However, it is made clear that if the learned counsel for the petitioners fails to file proof establishing the fact that the notice is served on the private respondent, or if the interim stay granted today is not extended beyond the period of six weeks, the interim stay granted today stand vacated and it is open for the police concerned to proceed with the investigation of the case. Post after Sankranthi Vacation of 2011.” A perusal of the said interim order makes it clear that if the petitioners fail to file proof establishing the fact that the notice is served on the private respondent, it is open for the police concerned to proceed with the investigation of the case. There is nothing on record to show that the notice was served on the private respondent before the stipulated period. Even the memo filed by the learned counsel for the petitioners shows that the notice sent to the unofficial respondent returned unserved. Therefore, the police concerned seem to be justified in proceeding with the investigation. Learned counsel for the second respondent submits that the police have completed their investigation and filed charge sheet. If that is the case, nothing survives for adjudication in the Criminal Petition and the same has become infructuous. Accordingly, the Criminal Petition is dismissed as infructuous. At this stage, learned counsel for the petitioners submits that the petitioners may be permitted to file fresh petition to quash the charge sheet. It is always open for the petitioners to take appropriate steps, if they are so advised. ______________________ B. CHANDRA KUMAR, J. Date: 10.11.2011 Nsr