HON'BLE SRI JUSTICE K. LAKSHMAN
CONTEMPT CASE No.1464 OF 2022
JUDGMENT:
Heard Mr. J. Vishnuvardhan, learned counsel for the petitioner and Mr. S. Rama Mohan Rao, learned counsel for the respondents.
2. This Contempt Case is filed alleging willful and deliberate violation of order dated 08.04.2022 in Criminal Petition No.3250 of 2022.
3. Vide the aforesaid order, this Court directed the Investigating Officer in Crime No.31 of 2022 pending on the file of Market Police Station, Secunderabad, to strictly follow the procedure laid down under Section - 41A of Cr.P.C., and the petitioner shall cooperate with the Investigating Officer by furnishing information and documents, if any, as sought by him in concluding investigation, and also for recovery of 330 grams gold in the presence of accused No.1. This Court also observed that if the petitioner fails to cooperate with the Investigating Officer, liberty is granted to him to take steps in accordance with law. However, considering the health condition of the brother of petitioner herein, the Investigating Officer was directed not to harass the brother of the petitioner herein under the guise of investigation and on the ground that the petitioner is absconding. 2
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4. According to the petitioner, he has cooperated with the Investigating Officer in the said crime by appearing before him on 11.04.2022. No notice under Section - 41A of Cr.P.C. was served. Respondent No.2 summoned the petitioner to appear before him for further enquiry and the petitioner went to Market Police Station on 28.07.2022 at around 5.00 P.M. The respondents without following due process of law apprehended the petitioner despite the aforesaid directions of this Court. It is further alleged that on 29.07.2022, the respondents obtained confession of accused No.3, brother of the petitioner by beating the accused and obtaining the signatures on depositions. Therefore, they have filed a writ petition vide W.P. No.14892 of 2022. Thus, according to the petitioners, the respondents willfully and deliberately violated the aforesaid order passed by this Court.
5. On the other hand, respondent No.1 filed counter stating that the petitioner herein is accused No.2 in Crime No.31 of 2022 and his brother, Santosh Yadav is arraigned as accused No.3. There are specific allegations against them that they have purchased stolen property. The offences alleged against them are punishable under Sections - 420, 408 and 506 of IPC.
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6. Despite interim orders granted by this Court directing the petitioners to cooperate with the Investigating Officer in concluding investigation in Crime No.31 of 2022, the petitioner failed to cooperate with the Investigating Officer. He is not even receiving notice under Section - 41A of Cr.P.C., and the same was affixed on the door which is under lock and key since long time. Therefore, he was taken into custody on 28.07.2022 and he confessed to have purchased the stolen property from accused No.1. Therefore, there is no violation of the orders dated 08.04.2022 passed by this Court in Crl.P. No.3250 of 2022.
7. It is relevant to note that the petitioner and his two brothers filed a writ petition vide W.P. No.14892 of 2022 against the Station House Officer, respondent No.2 herein and others, to declare the action of the respondents therein, more particularly, respondent No.2 herein, in calling the petitioners to police station without following due procedure laid down under law as illegal.
8. Vide order dated 07.06.2022 this Court having considered the counter affidavit filed by the respondents dismissed the said writ petition. This Court also gave a finding that the petitioner herein, who is accused No.2, is absconding.
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9. As discussed above, vide order dated 08.04.2022 in Crl.P. No.3250 of 2022 this Court directed the Investigating Officer to follow the procedure laid down under Section - 41A of Cr.P.C., and also directed the petitioner herein to cooperate with the Investigating Officer by furnishing information and documents, if any, as sought by him in concluding investigation. This Court also directed the Investigating Officer not to harass the brother of the petitioner herein under the guise of investigation.
10. Respondent No.1 filed remand report dated 29.07.2022 of the petitioner - accused No.2, wherein accused No.3, brother of the petitioner, is shown as 'absconding'. They have narrated the reasons for the arrest of the petitioner.
11. In the light of the aforesaid discussion, there is no violation, much less willful and deliberate violation of the order dated 08.04.2022 passed by this Court in Crl.P. No.3250 of 2022. Thus, this Contempt Case fails and the same is liable to be dismissed.
12. The present Contempt Case is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs. 5
KL,J C.C. No.1464 of 2022 As a sequel thereto, miscellaneous petitions, if any, pending in the contempt case shall stand closed.
_________________ K. LAKSHMAN, J 1st September, 2023 Mgr