Sri N. Prateep Kumar vs M.Jagadeesh Chandra Prasad,
2021 Latest Caselaw 4735 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                      CONTEMPT APPEAL No.13 OF 2021

                                PROCEEDING SHEET

Sl.                                                                                    OFFICE
        DATE                                ORDER
No.                                                                                     NOTE
02.   19.11.2021   AHSANUDDIN AMANULLAH,J
                           and
                   B. KRISHNA MOHAN,J


                   (per Hon'ble Mr. Justice Ahsanuddin Amanullah)

                           Heard Mr. C. V. Mohan Reddy, learned
                   Senior Counsel, assisted by Mr. C. Sumon,
                   learned      counsel       for    the        appellant,       and
                   Mr. Parthasaradhy Achuta, learned counsel for
                   the respondent.

The present Appeal is directed against the judgment and order, dated 21.10.2021, passed by the learned Single Judge in Contempt Case No.722 of 2021, by which, the appellant, upon conviction for having committed contempt of Court, has been sentenced to simple imprisonment for a period of four (4) weeks and a fine of Rs.2,000/- (Rupees two thousand only) payable within two (2) weeks from the date of the order, failing which he was liable for further simple imprisonment of two (2) weeks.

The respondent had filed Writ Petition No.8724 of 2020 to declare that the proceeding issued against him, dated 30.12.2019, placing him under suspension be quashed. In the said Writ Petition, by I.A. No.1 of 2020 prayer was made that the said impugned order be suspended. Learned Single Judge, on the Writ Petition, by order dated 13.08.2020, had passed interim direction in terms of the prayer made in I.A. No.1 of 2020. The respondent, due

to non-compliance of the said interim order, filed Contempt Case No.722 of 2021, in which upon hearing the appellant, the final order convicting the appellant and sentencing him to imprisonment and imposing fine on him has been passed. However, the learned Single Judge had suspended the order for a period of four (4) weeks to enable the appellant to file Appeal against the order. In terms thereof, the present Appeal has been filed.

The matter was mentioned at the time the Court had assembled in the morning at 10:30 A.M. in view of the period of four (4) weeks expiring today, for which the learned Single Judge had suspended the order, and the Court had directed for it to be taken out of turn at 01:00 P.M.

Learned Senior Counsel was heard at length and when the Court wanted to know as to whether the appellant was present, it was informed that he was not in Court, as he had gone to Tirupathi. However, it was informed that he had not undertaken the trip. When the Court expressed its surprise at the reason why the appellant was not present in Court, when he was in station, prayer was made to take up the matter after the recess session at 02:15 P.M. Accordingly, again upon taking the matter at 02:15 P.M. even after waiting for some time the appellant was not present in Court.

When the Court had started dictating the order, the appellant appeared before the Court and was also given opportunity to address.

As the hearing could not be concluded due to paucity of time, the matter is adjourned for 30.11.2021.

In the meantime, the sentence imposed by the learned Single Judge shall be kept in abeyance.

____________________________ (AHSANUDDIN AMANULLAH,J)

_____________________________ (B. KRISHNA MOHAN,J)

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