JUDGMENT:

This Contempt petition is filed under Sections 10 & 12 of the Contempt of Courts Act to punish the respondent Police officer for deliberate and willful violation of this Court’s order dated

11.12.2023 passed in Crl.P.No.12012 of 2023.

2. Petitioner herein was arrayed as Accused No.2 in Crime No.137 of 2023 registered for the offences under Section 409 and 420 of the Indian Penal Code. Petitioner moved this Court and filed Criminal Petition 12012 of 2023. This Court by order dated

11.12.2023 passed the following order;

“This Criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.) by the petitioner/accused No.2 to quash the proceedings in Crime No.137 of 2023 on the file of the Tharigoppula Police station, Warangal. The offences alleged against the petitioners are punishable under Sections 409 and 420 of Indian Penal code.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1-State.

Perused the record.

3. The case of the defacto complainant is that total quantity of paddy of 100 tons, which is valued at Rs.22,50,000/- was handed over to the petitioner/accused No.1. However, Rs.3,50,000/- was paid and Rs.19,00,000/- is still pending.

4. Prima facie, since as per the transaction, the petitioner does not fall within the persons mentioned in the Section 409 of Indian Penal Code, this Court deems it appropriate to direct the police to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, scrupulously. However, the petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

5. Accordingly, this Criminal Petition is disposed off.”

3. The petitioner was arrested on 15.12.2023 early in the morning at 7:00 a.m. at Hyderabad and was taken to Tharigoppula Police Station, Jangaon District and produced before the Judicial First Class Magistrate at Jangaon who remanded him to 14 days judicial custody. According to the petitioner, he informed the respondent No.2 Naresh Yadav, Sub-Inspector of Police at the time of arrest that he obtained orders from the High Court to follow 41-A Cr.P.C. procedure and also informed to the Magistrate regarding the orders of this Court when he was produced before the Magistrate.

4. Petitioner filed the present Contempt Petition to punish the contemnor/respondents under Sections 10 and 12 of the Contempt of Courts Act for deliberate and willful violation of the order dated 11.12.2023 and also for not following the guidelines of the Honourable Supreme Court in Arnesh Kumar’s case.

5. Though, the case was filed against four officials of Tharigoppula Police Station, however, cognizance was taken only against Naresh Yadav, Sub-Inspector who is 2nd respondent, since he was responsible for the arrest of petitioner. The counsel endorsed that he is not pressing the application insofar as the other respondents 1, 3 and 4 are concerned in contempt petition.

6. Counter affidavit dated 04.06.2024 was filed by the Contemnor Sub-inspector Naresh Yadav. In his counter affidavit he stated at para-4 that the order was not communicated by this Court or by the petitioner or his counsel. The said order was dispatched from this Court on 18.12.2023. At para-5 he stated that the respondent-Police tried to serve 41-A Cr.P.C. notice to the petitioner but the petitioner was absconding. Subsequently, on 15.12.2023, the petitioner/A2 was apprehended after informing the grounds of arrest. Paras 4 and 5 of the counter are reproduced;

“4. In reply to Para No.5 of the above Criminal Petition, it is respectfully submitted that the above said order was neither communicated to the Respondent No.2 by the Hon’ble Court nor by the Petitioner herein or his counsel. The said order was dispatched from the Hon’ble Court on

18.12.2023.

5. In reply to para