ASHOK NAIK Vs. RAMADUGU OMKAR VARMA

JUDGEMENT

(1.) The present contempt appeal is arising out of the order dtd. 24/1/2020 passed by the learned Single Judge in C.C.No.1179 of 2019 by which the appellant (respondent in the contempt petition) has been sentenced to imprisonment for a period of four weeks and a fine of Rs.2,000.00 has also been imposed upon him.

(2.) The undisputed facts of the case reveal that the contempt petition was preferred by the respondent herein, Ramadugu Omkar Varma, for arresting him without issuing notice under Sec. 41-A of Cr.P.C. in relation to Crime No.486 of 2019 dtd. 25/6/2019 registered under Sec. 420, 354 and 509 of I.P.C, thereby alleging violation of the judgment delivered by the Hon 'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar 2014(8) SCC 273.

(3.) Learned counsel for the appellant has argued before this Court that the respondent, Ramadugu Omkar Varma, was involved in an offence of cheating, a crime was registered even for an offence under Sec. 354 of I.P.C. and after arresting the accused person, he was immediately produced before the learned III Additional Chief Metropolitan Magistrate, Hyderabad, who by an order dtd. 27/6/2019 has arrived a conclusion that Sec. 41(1)(b)(ii) of Cr.P.C is complied with. There is a check list also at Page No.54 and the check list reveals that arrest of the accused was necessary for proper investigation of the case, thereby keeping in view the fact that there was a threat to the victim and other witnesses. The learned Single Judge, only because a notice was not given, has inflicted the punishment. It has been stated that the learned Single Judge, while inflicting the punishment, has not at all considered the order dtd. 27/6/2019 passed by the learned III Additional Chief Metropolitan Magistrate, Hyderabad.