P Kamalini v. P Naga Babu
Case brief
What is this about?
The court considered a contempt petition for delay in filing a charge sheet regarding W.P.No.148 of 2020. Finding the delay excusable, the judge closed the contempt case without costs.
What did the court decide?
Contempt case closed; no costs awarded.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CONTEMPT CASE No.211 OF 2020
ORDER:-
This Contempt Case is filed under Sections 10 to 12 of Contempt of Courts Act, 1971 for violation of order passed in W.P.No.148 of 2020 dated 07.01.2020 filed by the petitioner against the respondents, whereunder the 5th respondent was directed to complete investigation and file charge sheet within one month from the date of order.
- The order was passed on 07.01.2020 in connection with Crime No.52 of 2015. In utter disobedience of the order, the charge sheet was filed with delay and requested to take appropriate action.
- The respondents filed counter denying the material allegations inter-alia contending that in obedience to the direction issued by this Court, charge sheet is filed before the Court of Additional Judicial Magistrate of First Class, Kovur on 10.02.2020 and the copy of charge sheet is also filed along with the counter.
- Undoubtedly, there is a delay of three (03) days in filing charge sheet. But as seen from the copy of charge sheet, it was duly singed by the Sub-Inspector of Police on 06-02-2020. But there is little delay that can be excused and that does not amount to willful violation or disobedience of the order passed by this Court.
- Since the charge sheet is filed, but with a little delay, the Contempt Case is closed. No costs.
2
Issues for consideration
1 issue framed by the court
Whether the delay of three days in filing the charge sheet constitutes willful violation of the sub judice order.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents
Coram
M. Satyanarayana Murthy
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · August
- Registered
- Case no.
- CC/211/2020
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