COMMON ORDER

Since the issue involved and the parties herein are one and the same, these matters are being disposed of by this Common Order.

Criminal Petition No. 7058 of 2024

2. This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS, 2023‟), by the Petitioner/A.120 seeking anticipatory bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station, Guntur District, which is registered for the offences punishable under Sections 147, 148, 452, 427, 323, 324 and 506 read with 149 IPC.

3. The brief facts of the case, as per the contents of the complaint are that

i) the de facto complainant namely, Pendem Sai Badrinath, is working as IT employee at Knowledge Centre, State TDP Office, Atmakuru, Panchayath, Mangalagiri Mandal. On 19.10.2021 at about 5.20 p.m. 70 members of the YSR CP followers criminally trespassed into the office with deadly weapons and damaged the office furniture and they beat the complainant and other staff members with hands, legs and weapons caused bleeding injuries.

ii) The injured were shifted to Manipal Hospital, Tadepalli, wherein the Police recorded the statement of the Complainant. A case in Crime No.650 of 2021 of Mangalagiri (R) Police Station, Guntur Urban is registered against the YSR CP followers for the offences punishable under Sections 147, 148, 452, 427, 323, 324 and 506 read with 149 IPC.

iii) During the course of investigation, the Inspector of Police, Mangalagiri, filed a dated 03.07.2024 before the Court of Judicial First Class Magistrate, Mangalagiri, stating that basing on the material collected during the course of investigation, Sections 326, 307, 450, 380 red with 109 and 120-B IPC were added to the existing sections of law.

iv) The Petitioner herein is arrayed A-120 in the above crime. Seeking anticipatory bail, the present criminal petition has been filed by the Petitioner.

4. A Coordinate Bench of this Court by Order dated 04.10.2024 in IA No.2 of2024 passed the following Order:

“... The petitioner must join the investigation, and the respondent-State is directed not to take any coercive steps against the Petitioner, until the next date of hearing.”

The interim order is extended from time to time and it is in force till date.

Contempt Case No. 4052 of 2024

5. During the pendency of the above Criminal Petition and the above interim protection is in force, the Petitioner visited Indonesia and returned to Delhi, on 14.10.2024 and when he was in Delhi Airport, the Assistant Director, SIC Branch, BOI Head Quarters, New Delhi detained the Petitioner on the ground that Look Out circular bearing dated 10.10.2024 was issued against him by respondent No.3/Superintendent of Police, Guntur District. Since the interim order which was granted on 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 is in force, the respondent authorities illegally detained the petitioner on the ground that Look Out circular dated 10.10.2024 was issued against him.

6. Hence, the petitioner filed this Contempt Case under Sections 10 to12 of the Contempt of Courts Act against the respondents for violation of the interim order dated 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 passed by this Court.

Writ Petition No. 23692 of 2024

7. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

“...to issue a Writ more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in issuing Look Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10 2024 issued by the Superintendent of Police Guntur when the order dated October 4 2024 passed by this Honble High Court in criminal petition bearing Crl.P.No.7058 of 2024 is subsisting and in force wherein directed the Respondent therein not take any coercive steps against the Petitioner as being illegal arbitrary capricious contemptuous unconstitut

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