APHC010244352023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Friday, the sixth day of March two thousand and twenty six Present The Honourable Ms. Justice B. S. Bhanumathi Contempt Case No.2954 of 2023 Between:

Pasupuleti Vijaya Durga ...Petitioner And Md. Masthan Khan ...Contemnor Counsel for the petitioner:

1. Bala Krishna Sastry Counsel for the contemnor:

1. Y. Nagi Reddy The Court made the following:

ORDER

The contempt case is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971, for violation of the order of this Court dated 11.04.2023 in I.A.No.01 of 2023 in Crl.P.No.2572 of 2023.

2. The case of the petitioner is, briefly, as follows:

a. The petitioner filed Crl.P.No.2572 of 2023 under Section 482 of Cr.P.C. to quash F.I.R. No.16 of 2023, dated 18.03.2023 on the file of Disha Women Police Station, Machilipatnam, Krishna District, registered against the petitioner and others for the offences under Sections 498-A, 324 and 506 read with 34 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961, on the complaint lodged by the respondent No.3 therein and for other reliefs. Along with the main petition, the petitioner filed I.A.No.01 of 2023 to grant stay of all further proceedings in F.I.R.No.16 of 2023.

b. On 11.04.2023, this Court, after hearing the matter, granted interim stay for three weeks while giving liberty to the investigating officer to proceed with the investigation except filing charge sheet. A copy of the order was served on the respondent No.2 therein and also to the counsel for the petitioner and to the Assistant Public Prosecutor. The counsel for the petitioner took out personal service of notice to the respondent No.3 / de facto complainant through registered post with acknowledgment due, but she avoided to receive the notice by managing the postal authorities. The postal track consignment was filed before this Court in the criminal petition.

c. The respondent herein is the Sub-Inspector of Police, Disha Women Police Station, Machilipatnam, Krishna District and conducted investigation in this case. After dispatch of the order of this Court dated

11.04.2023 in I.A.No.01 of 2023, in spite of having knowledge of the order from the Assistant Public Prosecutor, who represented the respondent before this Court, intentionally filed the charge sheet in the crime before the Special Judicial First Class Magistrate (Prohibition & Excise) Court, Machilipatnam, Krishna District on 24.04.2023 while the order of stay was in force and got speedily numbered the charge sheet though several other charge sheets filed prior to 24.04.2023, were pending for scrutiny.

d. The charge sheet in the present case was numbered as C.C.No.402 of 2023 and summons were ordered to the petitioner and other accused on 27.04.2023. Thus, the respondent filed the charge sheet, by violating the order of stay passed by this Court with an intention to whittle down the spirit of the order and to obstruct the prospective order. Such conduct of the respondent amounts to interference of administrative jurisprudence, hence, this contempt case is filed.

3. The respondent filed a counter with the averments, briefly stated, as follows:

a. During the course of investigation in Crime No.16 of 2023, the Deputy Superintendent of Police, Disha Mahila Police Station, Machilipatnam, Krishna District, issued a memo vide C.No.16 / Disha Mahila PS, Kri., MTM/Cr.2023, dated 20.03.2023 directing the Assistant Sub-Inspector of Police with certain instructions to file charge sheet within seven days in this case. Accordingly, the Assistant Sub-Inspector of Police followed the instructions and secured the presence of A1 to A4 and caused service of notice under Section 41-A Cr.P.C. on 20.03.2023. Thereafter, the respondent took investigation in this case, verified the investigation done by previous officer and found it to be correct. Therefore, the charge sheet dated 28.03.2023 was uploaded in CCTNS police website (portal) on t