ANTONY JOSEPH Vs. SHAJI

JUDGEMENT

(1.) This is a contempt of court case initiated under Sec. 12(1) of the Contempt of Courts Act, 1971, hereinafter referred to as the Act, against two police officials, Sub Inspector and Circle Inspector of police respectively of Gandhi Nagar Police Station alleging that they had wilfully disobeyed an order passed by this Court on 18/2/2021 in Crl.M.A. No.1/2021 in B.A. No. 8186/2020. That was a bail application filed by the petitioner under Sec. 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case where he suspected to have been made the accused. After hearing the counsel for the petitioner, by order dtd. 18/2/2021, this Court impleaded the defacto complainant as the additional third respondent and directed to issue notice to him by speed post. The court also directed that the petitioner shall not be arrested until served with a notice under Sec. 41A of the Cr.P.C. However, the case of the petitioner is that ignoring the said direction, the counter petitioners arrested him at 9.00 A.M. on 29/5/2021 from Palakkad in front of his minor child, paraded him in public domain and produced before court on 30/5/2021 at 11.00 A.M. According to the petitioner, that case was registered on a private complaint preferred by the defacto complainant alleging offence under Ss. 415, 416, 419, 420 of the Indian Penal Code contending that he had collected an amount of Rs.5,95,000.00 offering to arrange a visa and thereafter, neither the amount was paid nor the visa was arranged and thus, committed the said crime. He was arrested from Palakkad in the presence of the counter petitioners and another Sub Inspector and also the defacto complainant etc. Immediately after passing the order dtd. 18/2/2021, the same was communicated to both the counter petitioners; the counsel for the petitioner himself had handed over copy of the same at the police station and also tendered the same to the counter petitioners. Still they were not prepared to pay heed to the same and took him into custody without serving him a notice under Sec. 41A of the Cr.P.C. Meanwhile, he managed to arrange the amount which was due to the defacto complainant and had paid the same. Even though he had submitted that aspect before the court, court did not consider to his plea of settlement and remanded him to judicial custody and was released on bail only on 31/5/2021. Thus alleging wilfull disregard of the order passed by this Court, the petitioner sought to proceed against the counter petitioners under Sec. 12(1) of the Act.

(2.) Both the counter petitioners submitted their separate replies. After considering the reply statements, this Court was convinced that the first respondent had received copy of the order of this Court dtd. 18/2/2021. Thus prima facie, it was found that there are materials to conclude that the first respondent, Sub Inspector Shaji had proceeded to arrest the petitioner without serving notice under Sec. 41A of the Cr.P.C. even after obtaining copy of the order of this Court. Thus he was found prima facie answerable to the allegation of wilfull negation of the order passed by this Court. Even though the second respondent had accompanied the first respondent, as there was no material to say that the order was served on him, prima facie materials could not be gathered against him.

(3.) Thus on a prima facie satisfaction that the first respondent has committed contempt of this Court, he was called upon to appear before court in person for framing charge under Sec. 12(1) of the Act.