SURENDRANATH REDDY POTHIREDDY Vs. G. PAUL RAJ

JUDGEMENT

(1.) This Contempt Case is filed by the petitioner seeking to punish the respondents herein under Sections 10 to 12 of the Contempt of Courts Act, 1971, for violating the guidelines of the Supreme Court in Arnesh Kumar v. State of Bihar , 2014 8 SCC 273, while arresting the petitioner in Crime No.288 of 2014 of Women Police Station, CCS, Hyderabad, registered for the offences punishable under Sections 498-A, 420 and 406 of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961.

(2.) Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for the respondents and perused the record.

(3.) It is the case of the petitioner that he is Accused No.1 in Crime No.288 of 2014 of Women Police Station, CCS, Hyderabad, registered on 16.09.2014 for the offences punishable under Sections 498-A, 406 and 420 of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961. The said crime was registered against the petitioner and his family members on a complaint made by the wife of the petitioner. Before registration of the said F.I.R., the 1st respondent herein had sent two constables viz., Narsimhulu and Nayak to his work place at Trust Hospital, Kakinada on 17.05.2014, where he was working as a doctor and the said constables asked him to come to Hyderabad without giving any notice, however, he appeared before the Women Police Station, Hyderabad, on 18.05.2014 and that the 1st respondent interrogated him in connection with the family dispute and threatened him to hear the words of his wife and her father. Even after the petitioner agreed the demands of his wife and her father, the 1st respondent intentionally took him into illegal custody up to 31.05.2014 and thereafter he released him. It is further stated that when the wife of the petitioner again gave a written complaint on 19.05.2014 against him and his family members alleging that they demanded dowry and on 19.09.2014, the 1st respondent called him through the aforesaid constables and that the petitioner appeared on 20.09.2014 and then the 1st respondent sent him to Osmania General Hospital for health check up on 21.09.2014 and the 3rd respondent obtained medical certificate on the same day. The 1st respondent and the police of Women Police Station, Hyderabad, had taken the petitioner into illegal custody up to 29.09.2014, without producing him before the Court, and tortured and humiliated him by putting into the Cell. Thereafter, the parents of the petitioner had applied for anticipatory bail before the Metropolitan Sessions Court, Nampally, and in the said bail application, the Women Police Station, CCS, Hyderabad, filed a counter alleging that the petitioner was absconding since the date of registration of the crime and accordingly the said bail application was dismissed on 30.09.2014. However, the petitioner was granted station bail on 29.09.2014 and his mother got bail on 07.10.2014. Thereafter, the Women Police Station, CCS, Hyderabad, issued a notice, dated 29.10.2014, under Section 41 (A) of Cr.P.C. asking the petitioner to appear before the said Police Station on 30.11.2014 for examination and accordingly he appeared before the police on 30.11.2014 and later the police filed charge sheet against the petitioner and his mother and the same was taken cognizance as C.C.No.784 of 2016, by deleting the names of the father and brother of the petitioner. Subsequently, the wife of the petitioner filed a petition before the Court seeking to add the father and younger brother of the petitioner, which was allowed.