Nerella Chiranjeevi Arun Kumar, S/o. Nerella Rama Satyanarayana v. G. Durgaiah
2021-11-23
BATTU DEVANAND
body2021
DigiLaw.ai
ORDER : This Contempt Case has been filed seeking to punish the respondent for willful disobedience in implementing the order, dated 10.11.2020 in C.R.P.No.1171 of 2020 passed by this Court. 2. The learned counsel for the petitioner submits that the petitioner filed G.W.O.P.No.632 of 2017 on the file of the XIV Additional District and Sessions Judge-cum-Judge, Additional Family Court, Vijayawada, Krishna District, for custody of the minor child. Being aggrieved for non-disposal of the said petition, the petitioner filed C.R.P.No.1171 of 2020 before this Court seeking direction to dispose of the petition in G.W.O.P.No.632 of 2017 on the file of the Judge, Family Court, Vijayawada, Krishna District, within three months. 3. This Court, by order, dated 10.11.2020, directed the learned Judge, Family Court, Vijayawada, to dispose of the said G.W.O.P.No.632 of 2017 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of the order. 4. Learned counsel for the petitioner would submit that in spite of specific direction from this Court, the learned Judge, Family Court, Vijayawada, did not dispose of the same. Thereby, the learned Judge committed the contempt of Court and accordingly, this contempt case is filed against the respondent. 5. Initially, the Registry of the High Court returned the contempt case at S.R. stage raising objection with regard to the maintainability of the contempt case stating as under: “Please clarify how this contempt case is filed against Judicial Officer”. 6. The learned counsel for the petitioner has represented the contempt case stating that as per Section 16 of Contempt of Court Act, this contempt case is maintainable. Accordingly, the Registry of High Court placed this matter before the Court for orders. 7. Upon careful examination of the objection raised by the Registry and the clarification submitted by the learned counsel for the petitioner and Section 16 of the Contempt of Court Act, this Court on 06.10.2021 passed the following order : “In view of the clear language used in Section 16 of the Contempt of Court Act, a Judge, Magistrate or other person acting judicially shall also be liable for contempt of his own Court or any other Court in the same manner as any other individual is liable. The objection of the Registry is overruled. Register the Contempt Case and post on 22.10.2021.” 8.
The objection of the Registry is overruled. Register the Contempt Case and post on 22.10.2021.” 8. On 22.10.2021, after hearing the learned counsel for the petitioner, this Court directed the Registrar (Judicial) to submit a detailed report along with the notifications issued by this Court with regard to conduct of virtual proceedings in view of the COVID-19 pandemic and submit factual position whether the learned Judge, Family Court, Vijayawada is in a position to dispose of the matter, in compliance of the order passed by this Court, in the light of the Notification issued for virtual proceedings. The Registrar (Judicial) also directed to mention in his report with regard to any petition is filed for extension of the order passed by this Court and the result of the said extension petition, by next date of hearing and posted to 25.10.2021. 9. On 25.10.2021, the Registrar (Judicial) has submitted a report before this Court stating as under: “On 24.04.2021, the XIV Additional District Judge, Vijayawada (FAC), addressed a letter to the Registrar (Judicial) stating that GWOP No.632 of 2017 and FCOP No.634 of 2017 on the file of the XIV Additional District Court, Vijayawada could not be disposed of complying the directions of the Hon’ble High Court in CRP Nos.1137 & 1171 of 2020 to dispose of the above cases within a period of three months from the date of receipt of a copy of the order. It is respectfully stated in the said report that he was the Presiding Officer of XIV Additional District Court-cum-Judge, Principal Family Court, Vijayawada and also holding Full Additional Charge of XIV Additional District Court-cum-Judge, Additional Family Court, Vijayawada, II Additional District Judge Court, XIII Additional District Court and Chairman, Cooperative Tribunal, Vijayawada and he was also attending the regular works in all the above Courts. Despite Judicial and Administrative work of all the above Courts, the learned Judge took up GWOP No.632 of 2017 and FCOP No.634 of 2017 for trial, but the parties are not evincing interest in prosecuting proceedings. As such, the matters could not be disposed of. He also stated that in the meanwhile, on 21.04.2021, the High Court of Andhra Pradesh issued Notification in ROC.No.192/SO/2020 instructing that in view of rapid increase of COVID-19 cases, with effect from 22.04.2021, the witness action and trial proceedings should be deferred until further orders.
As such, the matters could not be disposed of. He also stated that in the meanwhile, on 21.04.2021, the High Court of Andhra Pradesh issued Notification in ROC.No.192/SO/2020 instructing that in view of rapid increase of COVID-19 cases, with effect from 22.04.2021, the witness action and trial proceedings should be deferred until further orders. The learned Judge, therefore, requested to grant further time of three months to dispose of the above two matters. Accordingly, when I.A.No.1 of 2021 in CRP No.1137 of 2020 and I.A.No.1 of 2021 in CRP No.1171 of 2020 were listed before the Hon’ble Court presided by Hon’ble Sri Justice D. Ramesh, on 30.06.2021, the Hon’ble Court, while allowing the said I.As., extended time, as requested by the learned IV Additional District Judge, Vijayawada for disposing of GWOP No.632 of 2017 & FCOP No.634 of 2017 on the file of XIV Additional District Court, Vijayawada. It is respectfully submitted that subsequently, the letter, dated 11.10.2021 was received by the Registrar (Judicial) on 18.10.2021 from the learned XIV Additional District and Sessions Judge-cum-Additional Family Judge, Vijayawada, inter alia stating that she took charge of the said Court on 02.10.2021 and noticed that both the above cases are at the stage of trial, chief-examination of P.W.1 was completed and an Advocate Commissioner was appointed in FCOP No.634 of 2017 for recording the cross-examination of P.W.1, but the warrant was returned on 07.04.2021 stating that the respondent/wife is not cooperating. The wife also did not turn up on 10.04.2021 for continuation of cross-examination of PW.1 and both the cases could not be disposed of in view of Notification, dated 21.04.2021 issued by the High Court. The Officer also stated that recently, the High Court issued Notification, dated 04.09.2021 permitting Hybrid functioning of the Subordinate Courts from 20.09.2021. She, therefore, requested for further time of three months to dispose of GWOP No.632 of 2017 and FCOP No.634 of 2017. It is also submitted in the report of Registrar (Judicial) that in view of the outbreak of Corona Virus (COVID-19), the High Court of A.P. issued Notification, dated 16.03.2020 (ROC.No.192/SO/ 2020) inter alia directing all the District and Subordinate Courts in Andhra Pradesh to take up only urgent cases for hearing by mentioning the category of urgency both in Civil and Criminal, in the said Notification.
Subsequently, on 26.03.2020, the High Court has suspended the work, both Judicial and Administrative, with immediate effect up to 14.04.2020. Subsequently, on 12.06.2020, the High Court notified that the filing of cases in Subordinate Courts in the State of A.P. will be through e-filing mode and hearing of cases through video conferencing (Virtual Courts) from 15.06.2020 to 20.06.2020 and thereafter extended the e-filing mode from time to time. On 03.08.2020 the High Court notified that hearing of all types of matters is either from the Court or from the Official residence of Presiding Officer concerned, through Blue Jeans conferencing application or any other application approved by the High Court. On all the above notified dates, the High Court has instructed all the Subordinate Courts to take up only urgent matters, both Civil and Criminal and it continued upto 04.10.2020. On 04.10.2020 the High Court issued Notification stating that from 05.10.2020 onwards the Judicial and Administrative work in Subordinate Courts should be through video conferencing from 10.30 a.m. onwards on all working days from the respective Courts or Court premises. These instructions remained in force till 03.11.2020. Later, on 21.04.2021 the High Court issued a Notification stating that Judges of Subordinate Courts should function strictly maintaining COVID protocols. Witness action and trial proceedings should be deferred until further orders. On 04.09.2021, the High Court notified that Hybrid functioning of the High Court and all Courts and Tribunals subordinate to it in the State should commence in a limited manner on experimental basis on and from 20.09.2021. It is respectfully submitted that as Hybrid functioning is permitted by the High Court, the learned XIV Additional District Judge-cum-Additional Family Judge, Vijayawada had made a mention of it in her letter, dated 11.10.2021 and requested to grant further time of three months to dispose of GWOP No.632 of 2017 and FCOP No.634 of 2017. In view of the above submitted facts and circumstances, it is respectfully submitted that the learned Judge is not in a position to dispose of the cases as directed by this Hon’ble Court from 09.11.2020 because of the notifications issued from time to time, as submitted above and, the wife was not cooperating for completion of cross-examination let alone for disposal of the cases and also no regular officer was holding the Court for considerable length of time and it was manned by the in-charge officer.” 10.
Heard learned counsel for the petitioner and perused the report submitted by the Registrar (Judicial), High Court of Andhra Pradesh. 11. Having considered the submission of the learned counsel for the petitioner and upon careful perusal of the report submitted by the Registrar (Judicial), dated 25.10.2021, it is clear that this Court by order, dated 10.11.2020 in C.R.P.No.1171 of 2020 directed the learned Judge, Family Court, Vijayawada, to dispose of the GWOP No.632 of 2017, within a period of three months from the date of receipt of a copy of the order. 12. It appears, the copy of the order was received by the learned Judge, Family Court, Vijayawada, on 27.01.2021. Thereafter, the GWOP No.632 of 2017 and FCOP No.634 of 2017 were taken up through video conferencing by using Blue Jeans application. The counsel for the petitioner filed chief affidavit along with the documents petition and the same were allowed on 03.03.2021. An Advocate Commissioner was appointed to record the evidence of P.W.1 in both the cases and the Advocate Commissioner recorded the evidence of P.W.1 in part in FCOP No.634 of 2017 only and returned the warrant on 07.04.2021 without completing the cross-examination of P.W.1 stating that the respondent/wife is not cooperating. Then, the matter is called in the open Court on 08.04.2021 and recorded further cross-examination of P.W.1 in part with consent of both the counsels and posted to 10.04.2021 for continuation of cross-examination. But, the respondent/wife did not turn up, thereby the FCOP No.634 of 2017 has been adjourned from time to time for continuation of cross-examination of P.W.1 and GWOP No.632 of 2017 has been adjourned for recording the evidence of P.W.1. Meanwhile, High Court of Andhra Pradesh issued Notification in ROC No.192/SO/2020, dated 21.04.2021 directing that the witness action and trial proceedings shall be deferred until further orders due to rapid increase of COVID-19 cases. 13. Under these circumstances, it appears, the learned Judge, Family Court, Vijayawada, sent a letter, dated 27.04.2021 to the High Court requesting for extension of time stipulated by the Court. Basing on the said letter, the High Court Registry filed I.A.No.1 of 2021 in both the cases and they were listed before the Court seeking extension. This Court by order, dated 30.06.2021 extended time for further period of three months. 14.
Basing on the said letter, the High Court Registry filed I.A.No.1 of 2021 in both the cases and they were listed before the Court seeking extension. This Court by order, dated 30.06.2021 extended time for further period of three months. 14. Subsequently, learned IV Additional District and Sessions Judge-cum-Additional Family Judge, Vijayawada, sent a letter, dated 11.10.2021 to the Registrar (Judicial) stating that she took charge of the said Court on 02.10.2021 and noticed that both the above cases are at the state of trial, chief examination of P.W.1 was completed and an Advocate Commissioner was appointed in FCOP No.634 of 2017 for recording the cross-examination of P.W.1, but, the warrant was returned on 07.04.2021 stating that the respondent/wife is not cooperating and the wife also did not turn up on 10.04.2021 for continuation of cross-examination of P.W.1 and due to this reason both the cases could not be disposed of in view of the Notification, dated 21.04.2021 issued by the High Court and requested for further time of three months to dispose of these cases. Basing on the said letter, dated 11.10.2021, the High Court Registry filed I.A.No.2 of 2021 in both the C.R.Ps. and placed before this Court on 26.10.2021. 15. Having considered the material available on record, this Court extended the time stipulated earlier for further period of two months by order, dated 26.10.2021 directing the petitioner and respondent to cooperate with the trial Court for disposal of these two cases. 16. On careful examination of the material available on record and factual circumstances of the case, there is no any doubt to this Court with regard to effort made by the learned Judge, Family Court, Vijayawada, to dispose of the matter in compliance of the order, dated 10.11.2020 in CRP No.1171 of 2020. But, due to the reason that the wife/respondent in those petitions did not cooperate for completion of cross-examination and in view of the Notification issued by the High Court in ROC.No.192/SO/2020, dated 21.04.2021 wherein the witness action and trial proceedings shall be deferred until further orders in view of the rapid increase of COVID-19 cases, the respondent herein could not dispose of the GWOP No.632 of 2017 and FCOP No.634 of 2017 within the stipulated time fixed by the Court. 17.
17. In addition to that, it has to be noted that on 24.04.2021 itself, the respondent addressed a letter to the Registrar (Judicial) to take steps for extension of further three months time to dispose of these matters. Accordingly, I.A.No.1 of 2021 in both C.R.Ps. were allowed on 30.06.2021 by this Court extending the time for further period of three months. As such, in our considered view, there is no any willful disobedience on the part of the respondent in implementing the orders of this Court, dated 10.11.2020. Therefore, this contempt case is liable to be dismissed. 18. Accordingly, this contempt case is dismissed. 19. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed.