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

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 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 th