1. The facts in these two cases are similar and hence they are disposed of by this common order.

W.P.No.5440 of 2010

The husband of the Petitioner was murdered due to political rivalry on 07-06-1992. The case was tried in S.C.No.5 of 1994 by the learned II Additional Sessions Judge, Kadapa at Proddatur and sentenced Accused Nos.2 to 7 with imprisonment for life by judgment dated 27-02-1998 for the offence under Sections 302 read with 149 IPC. All the accused preferred two appeals before this court in Crl.A.Nos.408 and 409 of 1998 and this court by judgment dated 11-02-1999 allowed Crl.A.No.408 of 1998 filed by A-2 and modified the conviction and sentence in respect of A-2 to A-7 in Crl.A.No.409 of 1998 to a punishment under Section 304-II IPC and sentenced them to undergo rigorous imprisonment for a period of four(4) years with fine of Rs.5,000/- each in default to suffer rigorous imprisonment for one year. Accused No.7 was acquitted of all charges levelled against him. The accused preferred Crl.A.Nos.1342 and 1343 of 1999 before the Supreme Court and the same was dismissed on 18-11-2004 confirming the judgment of this court in Crl.A.Nos.408 and 409 of 1998 dated 11-02-1999.

2. It is the case of the Petitioner that A-3 to A-6 were in jail from 27-02-1998 to the date bail was granted by the Apex Court in Crl.A.No.1343 of 1999 for about a period of 15 months and when no action was taken to apprehend A-3 to A-6 the present writ petition was filed for taking further action consequent to the dismissal of the appeal by the Supreme Court.

3. The 1st Respondent filed a counter-affidavit admitting the facts leading to the disposal of Criminal Appeal by the Hon’ble Supreme Court of India and stating that A-3 to A-6 were in jail for a period of 23 months 5 days. It was also stated that A-6 Bemu Narasimha Reddy son of Sesha Reddy died on 28-02-2004. It is stated that for execution of the NBWs issued by the learned II Additional Sessions Judge, Kadapa at Proddatur against A-3 to A-6, a special team was constituted headed by the Sub-Inspector of Police, Mannur Police Station for apprehending the accused in order to produce before the court but they were absconding and hence the NBWs could not be executed. During the pendency of the execution of NBWs, A-3 to A-5 approached this court and filed W.P.No.7795 of 2010 and this court at the admission stage granted interim orders as follows:-

“Post on 23-04-2010.

Prima facie, G.O.Ms.No.189, Home (Prisons) department, dated 07-08-2004, applies to the cases of the Petitioners as by the time of issuance of the said G.O, the Petitioners are stated to have undergone imprisonment for more than half of the sentence imposed on them.

In view of the same, the Respondents are directed not to arrest the Petitioners for a period of two weeks.”

4. It is further stated that in obedience to the interim order, the police are unable to execute the NBWs issued against A-3 to A-6 who filed W.P.No.7795 of 2010.

5. The 2nd Respondent filed a counter-affidavit stating that the certified copy of the order in Crl.A.No.1342 and 1343 of 1999 dated 18-11-2004 was sent by the Hon’ble Registrar General, Supreme Court of India by covering letter dated 10-02-2005 and the same was received in the Court of II Additional Sessions Judge, Kadapa at Proddatur on 23-02-2005. On the same day records were also received from the Apex Court. On 27-06-2005 the then Additional District Judge sent the records in S.C.No.5 of 1994 to the Central Record Room, District Court, Kadapa without issuing warrants to the A-3 to A-6 for the reasons best known to him and thereafter there were no records available on the file of the Court of II Additional Sessions Judge, kadapa at Proddatur with regard to S.C.No.5 of 1994. After nearly five (5) years the writ petitioner sent a fax message to the Principal District Judge, Kadapa on 22-02-2010 and the same was forwarded to the II Additional Sessions Judge, Kadapa for taking necessary action against the accus