Andhra Pradesh High Court - Amravati
Kudithipudi Sri Divya vs K.V.G.U.Satyanarayana on 8 January, 2020
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR
C.C. No. 726 of 2019
ORDER:
1) The present Contempt case came to be filed under Sections 10 and 12 of the Contempt of Courts Act against the Respondents for not complying with the provisions of Section 41-A of Cr.P.C. and also the Judgment of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and another1.
2) (i) The averments in the affidavit show that, the husbands of the Petitioners were being arrested in connection with a Crime No.401/2019 of Satyanarayana Puram Police Station; Crime No.156/2019 of A.Konduru Police Station; Crime No. 222/2019 of Tiruvuru Police Station; Crime No. 263/2019 of Pamarru Police Station; Crime No. 178/2019 of Koolluru Police Station, without following the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and another.
(ii) It is said that, in Crime No. 401/2019, the accused were illegally arrested on 22.08.2019 by the 1st Respondent herein and they were beaten black and blue. After filing W.P. No. 12168 of 2019, the arrest of accused was shown on 28.08.2019. It is alleged that, in the remand report that after informing the grounds of arrest, the accused was arrested is false. It is pleaded that, the Petitioners are anticipating that 1st Respondent may prepare mediators report stating that they issued Section 41-A Cr.P.C. 1 (2014) 8 SCC 273 2 notices as well and if any such mentioning is made, they deny the same. It is pleaded that the 1st Respondent did not issue Section 41-A Cr.P.C. notice before arresting the accused either on 22.08.2019 or 28.08.2019. It is pleaded that the statutory requirement of giving notices under Section 41-A Cr.P.C. if given, the same should have reflected in the remand report, as the offences are punishable with imprisonment of less than three [03] years. The averments in the affidavit referred to, the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and another and its non-compliance, which lead to the filing of the present Contempt Case.
3) Counters came to be filed by Respondent No. 1 to 3 disputing the same. Counter filed by the 1st Respondent refers to a complaint lodged by Dr. Laka Vengalarao Yadav, A.P. State President of Backward Classes Welfare Association, Vijayawada, at Satyanarayanapuram Police Station against unknown persons. This complaint was with regard to posting of news in social media. In the counter, it is stated that, after fully satisfying with the material on record including check-list, the Hon'ble Court remanded Accused No. 1 to 5, who are husbands of Petitioners, in judicial custody. It is stated that, the Accused were directed to appear on 25.08.2019. Accordingly, only Accused No. 1 appeared before the Investigation Officer on 25.08.2019. Basing on confession of Accused No. 1, Notice under Section 41-A Cr.P.C. was issued to Accused No. 2 directing him to appear before the investigation officer on 26.08.2019. On that day, Accused No. 2 3 did not appear. Again another notice was issued on 25.08.2019 directing him to appear before the investigation officer on 28.08.2019. On that day also none of the Accused appeared before the investigation officer. Part-I CD files makes it evident that Respondent Police followed Section 41-A Cr.P.C. Left with no option except to follow the mandate of conditions and procedure as provided under Section 41(i)(b)(ii)(a) and Section 41-A (3)(4) of Cr.P.C, they arrested the accused and produced them before the court. Hence, it is pleaded that the Respondents did not violate the provisions of Section 41-A of Cr.P.C. and the Judgment of the Hon'ble Court in Arnesh Kumar [supra].
4) Respondent No. 2 also filed his counter disputing the averments. The counter refers to about a case registered as Crime No. 156/2019 against Sekhar Chowdary and Others. During the course of investigation, he came to know about registration of Crime No. 401/2019 by Satyanarayana Puram Police Station, obtained Prisoners Transit Warrant and thereafter remanded them to judicial custody. He pleads that, there is absolutely no violation of the Judgment of the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another.
5) Further, in the counter filed by the 3rd Respondent, i.e., Tiruvuru Police Station, it is stated that, a case in Cr. No. 222/2019 came to be registered under Sections 505(2), 153, 120b read with 34 IPC, on 21.08.2019. The said report came to be lodged by A.P. State BC Welfare Association National Secretary 4 with regard to a news item being circulated against the Chief Minister and others in social media. He examined four [04] witnesses and while investigation is in progress, he came to know that the accused in the present FIR were arrested by Satyanarayana Puram Police Station in Crime No. 401/2019 and they were lodged in Sub-Jail, Tenali. He obtained Prisoners Transit Warrant on 13.09.2019. Accordingly, arrested Accused No. 1 to 5 who are husbands of the Petitioners and they were produced before the Additional Judicial First Class Magistrate, Tiruvuru, on 14.09.2019. He states that, he never violated any guidelines and the documents filed along with the counter show that the mandatory requirement of Arnesh Kumar case [supra] has been followed.
6) A perusal of the material on record would show that, number of crimes came to be registered against the husbands of the Petitioners, who filed this contempt case. One of the objection raised by the learned Government Pleader is that, this contempt application is itself is not maintainable, since, the persons who were aggrieved by any inaction never moved this court. The Counsel for the petitioner states that, the husbands of the petitioners were in jail at that point of time, when this application was moved.
7) Without going into the technicalities of the issue, it is now to be seen whether the police authorities have followed Section 41-A Cr.P.C.
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8) Though the learned Counsel for the Petitioners would contend that, Section 41-A Cr.P.C. notice was not filed along with the counter or that there was no reference to it in the mediators report, but, it is to be noticed here that the first crime which was registered and in which remand was obtained relate to Crime No. 401/2019 registered under Section 153, 153(A), 505(2) read with Section 120(B) IPC against unknown persons. The counter filed by the 1st Respondent speaks about the issuing of notice pursuant to which Accused No. 1 only appeared and thereafter, he along with others were informed to appear before them. It is not doubt true that the remand report of Accused No.1 to 5 does not refer to it, but, the Government Pleader placed on record the check-list prepared under Section 41(1)(b)(ii) of Cr.P.C. with reasons and material for arrest as per the directions of the Hon'ble Supreme Court in Arnesh Kumar,[supra]. A reading of the check-list clearly indicates the section of law; grounds of arrest of accused provided by law; reasons and material necessitated for the arrest of accused. It would be useful to refer to the same, which is as under:
Sl. Section of Grounds Of Arrest Reasons And Material Necessitated For No. Law Of Accused The Arrest Of Accused Provided By Law 1 41(1) (b) To prevent If not arrested he may continue further
(ii) (a) arrested person commission of offences. Though from committing received notice U/s. 41 A Cr.P.C. they any further offence did not attend before Police. Verified or the cases registered in different PSs in the state in this regard. On 21-8-19 at 22-15 hrs a case in Cr. No. 156/19 6 U/s. 153, 505(2) r/w 34 IPC was registered in A.Konduru PS, Krishna District. On the same day at 22-00 hrs a case in Cr. No. 222/19 U/s. 505(2), 153, 120(B) IPC was registered in Tiruvuru PS. On 22-8-19 at 11-00 hrs a case in Cr. No. 178/19 U/s. 153, 505(2) IPC was registered in Kolluru PS. On the same day at 17-00 hrs Cr.
No. 263/19 U/s. 153, 505(2), 120(B) IPC was registered in this regard.
9) The Counsel for the Petitioners would contend that, this statement is brought into existence only for the purpose of this case. But, the same appears to be incorrect for the reasons that the endorsement of the court, dated 28.08.2019, is reflected in the check-list which is as under:
"Accused are produced through P.C: 2894, 2916 of S.N. Puram P.S. at 10:00 P.M in Cr. No. 401/19 U/s. 153, 153(A), 505(2), r/w. 120(B) IPC. Accused did not complain any ill-treatment in the hands of police, their arrest was intimated to their men and copies furnished. After perusal of entire record i.e. F.I.R, mediators report, case Diary-I, Case Diary-II, remand report, it is prima facie the accusation is well found.
Continuation:
A1 to A5 are served with Section 41-A notice but it was rejected by them. All the requirements which are mandatory are complied. Hence, the A1 to A5 are remanded to judicial custody till 07/09/2019.
Sd/-
28/08/2019."
10) In view of the above, the argument of the learned counsel for the Petitioners that there was violation of Judgment of the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another, and also Section 41-A of Cr.P.C. cannot be accepted. 7
11) Accordingly, the Contempt Petition is dismissed. No order as to costs.
12) Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________________________ JUSTICE C.PRAVEEN KUMAR Date: 08.01.2020 SM.