IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Original Jurisdiction)
SATURDAY, THE TWENTY FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
1A No. 1 of 2021
IN
CONTEMPT CASE No. 1259 of 2020
Between :-
Sri K.V.V.Satyanarayana, Special Secretary, Finance Department, Secretariat,
Velgapudi, Guntur District- 522001.
.Petitioner/ Respondent No. 4
in CC No. 1259 of 2020
AND
1. Sri G. Sivannarayana S/o. Surya Narayana Murthy, Aged about 57 years,
Occ: Panchayat Secretary Grade-I, Bharskaraopeta Grama Panchayat,
Kalindindi Mandal, Krishna District R/o Kothadda Village, Kaikalur Mandal,
Krishna District.
‘espondent/Petitioner
2. Sri Gopal Krishna Dwivedi, Principal Secretary, Panchayat Raj and Rural
Development Department, Block No. 5, A.P. Secretariat, Velagapudi,
Amaravathi, Guntur District 522503.
3. Sri_M. Girija_ Shankar, Commissioner, Panchayat Raj and Rural
Employment, No. 12-47, P.V.S. EMPIRE, Near Pratur Cross Road Tadepalli,
Guntur District-522501
4. Sri P. Sai Babu, District Panchayat Officer, DPO Office, ZP Road,
Machilipatnam Ho, Machilipatnam - 521001, Krishna District.
Respondents / Respondents 1, 2 & 3 in Cc No. 1259 of 2020
(Respondents R2 to R4 are formal parties in this petition)
-=€ontemnors
WHEREAS the petitioner has presented under Sections 70 (2) of Cr.P.C. 1973,
the above petition through his counsel Sri N.Aswartha Narayana, praying the
High Court to recall the Non bailable warrant issued against the Respondent No.
4 i.e. the Special Secretary, Finance Department, Secretariat, Velagapudi, AP,
issued on 15.07.2021 in CC No. 1259 of 2020.
WHEREAS the said petition coming on for hearing, and whereas the High
Court, upon perusing the affidavit filed therein and the earlier orders made
herein and upon hearing the arguments of Sri N.Aswartha Narayana, Advocate
for the Petitioner and Sri M. Srikanth, Advocate for Respondent No.1/Petitioner,
made the following ORDER :-
“This application has been filed by the petitioner herein seeking to recall
the Non-Bailable Warrant issued against him by order, dated 15.07.2021.
The petitioner is the 4" respondent in the Contempt Case. In compliance
of the order, dated 26.04.2021, the petitioner herein personally appeared
before the Court along with respondent Nos.1 to 3. On that day, this Court
expressed its prima facie opinion that there is an abnormal delay in
implementing the order of the Court, dated 14.10.2019 and the Court found
that the respondents are liable for punishment under the provisions of the
Contempt of Court Act.
For conferring the punishment, this matter was posted to 15.07.2021.
There is no order by this Court on 17.06.2021 to dispense with the
appearance of the respondents including the petitioner herein on the next
date of hearing (j.e.,) 15.07.2021.On 15.07.2021 the respondent Nos.1 to 3 present before the Court. But
the 4th respondent (i.e.) the petitioner herein did not appear. Due to his
absence, this matter is adjourned to 29.07.2021.
This Court by order, dated 15.07.2021 ordered to issue Non-Bailable
Warrant against the petitioner and directed the Superintendent of Police,
Guntur District, to execute the warrant on or before next date of hearing.
But, till today the police did not execute the warrant for the reasons best
known to them.
However, the petitioner today came up with this application seeking to
recall the Non-Bailable Warrant issued by this Court on 15.07.2021.
Having heard the learned counsel for the petitioner and on examination
of the Officer, who physically present before the Court and upon perusing
the averments made in the affidavit filed along with the recall application,
this Court is not convinced to recall the Non-Bailable Warrant issued against
the petitioner.
Accordingly, |.A.No.1 of 2021 is dismissed.
Petitioner is remanded to judicial custody for 14 days.
The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati, is
directed to take further action.”
‘SD/- A.V.RAGHAVA SWAMY
JOINT REGISTRAR
//TRUE COPY// @
SECTION OFFICER
To
1. The Registrar (Judicial), High Court of A.P. at Amaravati.
2. The Superintendent of Police, Guntur. (By Speed Post)
3.One CC to Sri M. Srikanth, Advocate(OPUC)
4,One CC to Sri N. Aswartha Narayana, Advocate(OPUC)
5.One Spare Copy.
MSRHIGH COURT
DEV.
DATE: 24-07-2021.
ORDER
IANo. 1 of 2021
IN
C.C. No. 1259 of 2020
DIRECTION