RAMADUGU OMKAR VARMA Vs. ASHOK NAIK

JUDGEMENT

(1.) This Contempt Case is filed by petitioner against the respondent for arresting the petitioner without issuing any notice under Section 41-A of Criminal Procedure Code, 1973 (for short, 'the Code') in relation to Crime No.486 of 2019 dt.25.06.2019 registered under Sections 420, 354 and 509 of Indian Penal Code, 1860, thereby violating the judgment of the Supreme Court in Arnesh Kumar vs. State of Bihar.

(2.) The petitioner is accused in Crime No.486 of 2019 on the file of P.S. Sanjeeva Reddy Nagar, Hyderabad registered on 25.06.2019 under Sections 420, 354 and 509 of Indian Penal Code, 1860.

(3.) The said crime was registered against the petitioner on a complaint made by one K. Padma who alleged that petitioner came to her home and stated to her that there are hidden treasures in her home, and asked her to give Rs.10,000/- to him and that he would then bring out the hidden treasures. The complainant also alleged that she and her mother believed the words of petitioner and arranged the money and gave it to the accused and he started digging in their house and after a few days he went missing. She alleged that she searched for him, and after a few days met him and asked him to return the money to her, but he avoided the complainant on one pretext or the other. She also alleged that on 22.06.2019, the petitioner asked the complainant to come to his home at Borabonda and she went there, but she was abused by the brother-in-law of the petitioner who also allegedly dragged her saree and petitioner's wife also abused her.