IMPORTANT POINT
The filing of a charge sheet during the subsistence of a stay order constitutes a violation of the court's directive, rendering the proceedings illegal.

ORDER :

K. Manmadha Rao, J.

This writ petition is filled under Article 226 of the Constitution of India for the following relief :

“…..to issue an apppropriate writ order or direction more in the nature of CERTIORARI calling for the records relating to and connected with the PRCC NO. 1 of 2016 on the file of Hon’ble Judicial Magistrate of First Class Pathikondaa Kurnool District and quash the same in so far as the petitioner herein is concerned by holding the same as not maintainable as there is already stay of all further proceeding granted by the Hon’ble High Court of Hyderabad vide Crl.P.No.11186 of 2015 in crime stage itself and further declare it as illegal arbitrary….”

2. The facts of the case are that the 3rd respondent has lodged a criminal complaint against petitioner by making all false allegations and by creating a false story that he asked her to satisfy his lust and when she rejected, he bore grudge on her. Later, there was a quarrel between his wife and the 3rd respondent and at that time petitioner beat her and abused her in filthy language. Thereafter, when she went to lodge a complaint with the police, they have not registered the complaint. Accordingly, she approached the Hon'ble Judicial I Class Magistrate, Yamiganur, who was in in-charge of Pattikonda JFCM. The Hon'ble Court without recording the statement, affidavit and without any procedure has referred the matter to the 2nd respondent Police and the police registered the crime vide FIR No.126/2015 against him for the offences u/sec. 323, 354, 506 of IPC, 156 (3) or Cr.P.C. but after registering the above FIR, the police has not done any investigation or without following procedure laid down under 41A Cr.P.C., illegally taken him into custody and there the police had beaten the petitioner black and blue. To that effect, the petitioner made a complaint against the 2nd respondent before the Human Rights Commission and also SC and ST commission and the same are under enquiry. It is further stated that, the petitioner approached the High Court of Hyderabad for the State of Telangana and the State of Andhra Pradesh for quashing of the FIR No.126/2015 and it was granted stay of all further proceedings in FIR 126/2015. It is further stated that the respondent police have filed charge sheet on 31.12.2015 and in the said charge sheet they have shown him as absconding and the Court has issued NBW warrants to arrest the petitioner. The action of the 2nd respondent in filing the charge sheet even in sptie of there being stay order by the High Court is highly illegal and arbitrary. Hence, the present writ petition.

3. This Court vide order dated 23.03.2016 has granted interim stay vide WPMP No.12211 of 2016, as under :

“In the light of the stay order granted by this Court in Crl.P.No.11186 of 2015, there shall be interim stay as prayed for.”

4. Counter affidavit has been filed by the 2nd respondent denying all the allegations made in the petition. It is stated that the sum and substance of the complaint was that the petitioner herein called the complainant to fulfil his lust and on 1.9.2015 while the complainant and the wife of the petitioner Salomi quarreled over the issue of fetching water the petitioner beat the complainant, outraged the modesty, abused in filthy language and threatened with dire consequences. It is further stated that during the course of investigation as many as five witnesses were examined and recorded their detailed statements. Basing on the evidence and statement of witnesses prima facie case was established against the petitioner herein. It is further stated that this respondent/investigating officer tried to serve notice under Section 41-A Cr.P.C. on the petitioner was absconded, hence notice not served on the petitioner herein. Thereafter, the respondent filed charge sheet on 5.12.2015 before the Hon’ble Judicial Magistrate of First Class, Pathikonda, Kurnool District seeking to issue NBW against the petitioner herein. The said Court has taken up