D L V Ramesh Babu vs State Of Andhra Pradesh on 23 January, 2025

Andhra Pradesh High Court – Amravati

D L V Ramesh Babu vs State Of Andhra Pradesh on 23 January, 2025

             HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                     MAIN CASE: CRL.P.No.9645 OF 2024

                              PROCEEDING SHEET

Sl.                                                                               OFFICE
                                             ORDER

No      DATE                                                                       NOTE

02.   23.01.2025   BVLNC, J
                                        I.A.No.1 OF 2024

Heard Sri N.Siva Reddy, learned counsel for
petitioners No.1 and 2. Learned Addl.Public
Prosecutor takes notice for the State.

Learned counsel for petitioners would submit
that the petitioners No.1 and 2 working as Deputy
Commissioner, Endowments and Executive Officer,
Endowments respectively; the 2nd respondent filed a
contempt petition U/s.15(2) of the Contempt of Courts
Act, 1971 against the petitioners and another before
the Special Judge for trial of Cases under SCs/STs
(POA) Act-cum-X Addl.District Judge,
Rajamahendravaram, vide Crl.M.P.No.277/2020, with
a prayer to pass an order of reference for the criminal
contempt alleged against the petitioners, as they
violated the interim direction dated 20.12.2016 passed
in W.P.M.P.No.52349/2016 in W.P.No.42459/2016; the
learned counsel for petitioners would submit that the
unofficial respondent as a party-in-person filed the
above petition before the learned Special Judge U/s.15
of the Contempt of Courts Act, 1971 and the learned
Special Judge registered the above petition against
Contd.,
:: 2 ::

the petitioners and another, though section 15 of the
Contempt of Courts Act, 1971 has no application to the
Courts in the District Judiciary, and the unofficial
respondent has no authority to invoke the jurisdiction
of the Special Court U/s.15 of the Contempt of Courts
Act, 1971; therefore, it amounts to abuse of the
process of law; but the learned Special Judge without
having any jurisdiction, ordered notice to the
petitioners and another; therefore, the petitioners
approached this Court U/s.482 Cr.P.C. to quash the
proceedings in Crl.M.P.No.277/2020 on the file of
Special Judge for trial of Cases under SCs/STs (POA)
Act-cum-X Addl.District Judge, Rajamahendravaram,
and present application is filed to stay the proceedings,
pending disposal of the Criminal Petition.

Learned counsel for petitioners would also
submit that the unofficial respondent also filed an
application vide C.C.1/2017 on the file of Senior Civil
Judge, Kothapeta, and a notice was issued to the
petitioners in that application and thereafter, they filed
C.R.P.No.3583 of 2018 on the file of this Court under
Article 227 of Constitution of India, and this Court was
pleased to grant stay of all further proceedings vide
order dated 06.07.2018 and the same is subsisting as
on the date, and the unofficial respondent pending that
C.R.P., filed the present petition, which is nothing but
abuse of the process of law.

Contd.,
:: 3 ::

Considering the above facts and circumstances
submitted by the learned counsel for petitioners, “there
shall be interim stay of all further proceedings in
Crl.M.P.No.277/2020 on the file of Special Judge for
trial of Cases under SCs/STs (POA) Act-cum-X
Addl.District Judge, Rajamahendravaram, against
the petitioners, including their appearance”.

_________
BVLNC, J
psk

CRL.P.No.9645 OF 2024

Issue notice to the respondent No.2.

Learned counsel for the petitioners is permitted
to take out personal notice to the respondent No.2
through Registered Post with Acknowledgment Due
and file proof of service into the Registry by next date
of hearing.

Post immediately after service of notice.

_________
BVLNC, J
psk