HON'BLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE No.462 of 2016

Between:

Kuruva Nagaraju, S/o Nagappa, Aged about 45 years, R/o 1/2592, Venkatapuram, 27th Ward, Venkatapuram, 27th Ward, Yemmiganur, Kurnool District.

… Petitioner

And

Sri R.K.Ravi Krishna, IPS, Superintendent of Police, Kurnool District at Kurnool and two others.

… Respondents

Counsel for the petitioner	:	Sri T.Gopinath
Counsel for respondents	:	Learned Govt. Pleader for<br>Home

ORDER

This contempt case is filed under Sections 10 to 12 of the Contempt of Case of Courts Act for willful violation of order dated 03.02.2016 in W.P.No.3042 of 2016.

2. The W.P.No.3042 of 2016 was filed aggrieved by the action of the 3rd respondent herein (Respondent No.4 in the writ petition) in not registering the F.I.R basing on the complaint in spite of the directions given by the 2nd respondent dated 26.12.2015. The said writ petition is disposed of by this Court on 03.02.2016. The operative portion of the writ petition is reads as under:

"In the light of the aforestated settled legal position, it is not open to the police authorities to deviate therefrom or show any tardiness in taking appropriate necessary action after receiving a complaint alleging a cognizable criminal offence. In the event the offence alleged is a non-cognizable one, the police authorities are bound to follow the due procedure laid down in Section 155 Cr.P.C. In any event, the police authorities must take suitable action in the matter expeditiously."

3. In the counter-affidavit filed by respondent No.3, it was contended inter alia that the petitioner lodged complaint on 24.12.2015. Basing on the complaint, crime No.183 of 2015 under Sections 447, 427 and 506 r/w 34 of I.P.C was registered on 24.12.2015 against one Buddanna and five others. The accused were arrested on 08.01.2016. They were sent to judicial remand. After completion of investigation as per law, charge sheet was filed on 16.01.2016 vide C.C.No.30 of 2016 on the file of the Judicial Magistrate of First Class, Yemmigangur, Kurnool District.

In the counter, it was further contended that after registration of the F.I.R (referred to supra), petitioner telephoned to Station House Officer, Yemmiganur Town Police Station and informed that some persons pelted stones against him, his wife and sister. The staff of the respondent police visited the place and revealed that there is no galata and all the people are living their normal life.

4. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

5. Learned Assistant Government Pleader for Home submits that, basing on the complaint, police registered the said complaint as a case in Crime No.185 of 2015 and later the same was numbered as C.C.No.30 of 2016 on the file of the Judicial Magistrate of First Class, Yemmigangur, Kurnool District.

6. In view of the submission made by learned Assistant Government Pleader for Home, this court is of the opinion that there is no violation of order dated 03.02.2016 in W.P.No.3042

3

of 2016. Accordingly, the Contempt Case is closed. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

______________________________ JUSTICE SUBBA REDDY SATTI

Date: 03.02.2023 KA

HON'BLE SRI JUSTICE SUBBA REDDY SATTI

CONTEMPT CASE No.462 of 2016

Date: 03.02.2023

KA