2022 Supreme(Online)(Tel) 5602
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI, J
Jakka Vinod Kumar Reddy – Appellant
Versus
Mr. A. R. Srinivas and 3 others – Respondent
CC/826/2021
* THE HON’BLE Dr. JUSTICE G. RADHA RANI + CONTEMPT CASE No.826 of 2021 % 06.06.2022 # Jakka Vinod Kumar Reddy S/o.Late Jakka Narasimha Reddy, R/o.Plot No.974, Road No.49, Jubilee Hills, Hyderabad, presently residing At Zerene Vilage since February 2016, Phuttamonthon Sai-3 Road, Bangkok-10160, Thailand and others …. Petitioners Vs.
$ Mr. A.R. Srinivas, Deputy Commissioner of Police, West Zone, S/o. Not known Age - not known, 10-2-9, AC Guards, Masab Tank, Hyderabad, Telangana – 500457 and others ….. Respondents !Counsel for the Petitioner : Sri Diljit Singh Ahluvalia, Senior Counsel representing Ms. Mogili Anaveni Counsel for the Respondents : Sri Shyam S. Agarwal
>Head Note:
? Cases referred:
1. 2014 (8) SCC 273
2. 2004 AIR SCW 7064
3. 2014 (11) SCC 790 THE HON’BLE Dr. JUSTICE G. RADHA RANI CONTEMPT CASE No.826 OF 2021
ORDER:
This Contempt Case is filed by the petitioners-A1 and A2 in CrimeNo.488 of 2020 on the file of PS Jubilee Hills, Hyderabad, under Sections 10 to 12 of the Contempt of Courts Act, 1971 to take action against the contemnors for their wilful and deliberate disobedience of the judgment passed by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar (2014 (8) SCC 273) for not issuing any notice to the petitioners before issuing Look Out Circular (LOC) against A1 and Non Bailable Warrants (NBWs) against A1 and A2 and to impose appropriate sentence of imprisonment and fine in accordance with law.
2. The case of the petitioners in brief was that the petitioners were arrayed as Accused Nos.1 and 2 in Crime No.488 of 2020 on the file of the Station House Officer, Jubilee Hills Police Station, Hyderabad, registered for the offences under Sections 498-A, 506 IPC, Sections 3 and 4 of the Dowry Prohibition Act (for short ‘DP Act’) and Section 30 of the Arms Act. The 1st petitioner was married with the complainant Mrs.Sumana Paruchuri by way of registered marriage on 25.06.2011. It was a second marriage to both the 1st petitioner and the complainant. No children were born out of the said wedlock. The marriage between the 1st petitioner and the complainant never worked out and totally broke down irreparably. They have been living separately since July, 2014. When the complainant along with her brother and others tried to illegally trespass into the property owned by the 1st petitioner in Bangalore, the 1st petitioner filed a criminal complaint and a civil suit in O.S. No.499 of 2015 for injunction before the III Additional Civil Judge, Bangalore Rural on 09.04.2015. The said case was pending adjudication. For the purpose of building up the sports career of his daughter Ms.Jakka Vaishnavi (child born out of his first marriage) in Bangkok, representing India and was a Junior World Champion, the 1st petitioner shifted to Thailand with his daughter and his mother (2nd petitioner herein) in February, 2016. In anticipation that the 1st petitioner would come back to India for cross-examination in O.S No.499 of 2015, the complainant hatched a conspiracy and filed a criminal complaint against the petitioners No.1 and 2 and the 1st petitioner’s widowed sister-in-law (wife of the deceased brother of 1st petitioner), who was residing in Hyderabad, before the Jubilee Hills Police Station, Hyderabad. The same was registered as Crime No.742 of 2019 for the offences under Sections 406, 420 and 120-B IPC on 14.11.2019. No notice was issued to the petitioners or to the widowed sister-in-law of the
1st petitioner in the said case also in violation of the guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar, [(2014 (8) SCC 273)]. Upon becoming aware of the aforesaid FIR No.742 of 2019, the petitioners filed Criminal Petition No.8023 of 2019 before this Court for quashing the same and this Court granted protection to the petitioners and stayed all further proceedings in the said case on 10.12.2019. Subsequently, the petitioners came to know that the DCP, West Zone, Hyderabad (Contemnor No.1) had issued LOC against the 1st peti