Jakkula Prathyusha v. N. Bhujanga Rao

THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No.392 of 2016 ORDER:

This contempt case was instituted alleging willful disobedience to the order dated 07.01.2016 passed by this Court in W.P.No.41843 of 2015. By the said order, the respondent police authorities were directed to follow the law laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh[1] in relation to the complaint lodged by the petitioner.

The Inspector of Police, KPHB Police Station, Cyberabad, filed a counter-affidavit stating that basing upon the complaint filed by one J. Kanakaiah in relation to the very same incident, Crime No.836 of 2015 was registered under Section 174 Cr.P.C. on the file of the KPHB Police Station on 11.09.2015 itself. After due investigation, the police authorities found it to be a case of suicide and accordingly altered the provision of law from Section 174 Cr.P.C. to Section 306 I.P.C. In the light of the afore-stated facts, this Court finds no disobedience, much less willful disobedience, warranting exercise of contempt jurisdiction.

The contempt case is accordingly dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 5th August, 2016 PGS/IBL [1] (2014) 2 SCC 1