A. Durgesh Yadav vs Y. Nageshwar Rao
2023 Latest Caselaw 1903 Tel

             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.

KL,J C.C. No.1464 of 2022

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.

KL,J C.C. No.1464 of 2022

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.

KL,J C.C. No.1464 of 2022

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.

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