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CONTEMPT OF COURT

THE HON'BLE MR JUSTICE RAMESH RANGANATHAN
Contempt Case No. 1370 OF 2005
21-09-2007
N. Venkata Swamy Naidu
M/s. Sri Surya Teja Constructions Pvt. Ltd, Gandhinagar, Sy. No. 151, Rayala Avenue Apartments,
Hyderabad and others.
Counsel for the petitioner: Sri K. Vasudeva Reddy.
Counsel for the Respondents 5 & 7: Sri K. Satyanarayana Murthy Counsel for the Respondent No. 6: Sri
Dantu Srinivas.
Counsel for the Respondent No. 8: Sri B. Chandrasen Reddy.
:ORDER:
Seeking to have respondents 1, 2, 4 to 9, punished under the Contempt of Courts Act, for wilful disobedience
and gross violation of the orders of the Company Law Board, Additional Principal Bench, Chennai dated
18.07.2005, this contempt case is filed.
Facts, to the extent relevant, are that C.P. No. 24 of 2004 was filed by the petitioner herein, before the
Company Law Board, under Sections 397, 398 and 402 read with Section 111 of the Companies Act, 1956.
Among the interim reliefs sought for included an order to prevent the sale or dispossession of the land of the
company and to prevent injury being caused to persons who were allotted flats in the project. Petitioner would
submit that, when the Company Petition was pending consideration before the Company Law Board,
respondents 1, 2, 4 to 9 had demolished the superstructure of the building necessitating his filing an
application, in C.A. No. 84 of 2005, requesting the Company Law Board to interfere and grant status quo with
regards the existing structure. The Company Law Board, by order dated 18.07.2005, granted status quo.
According to the petitioner, the respondents continued to demolish the building, in violation of the order of
"status quo", and when he brought these violations to its notice, the Company Law Board, by order in
C.A.No.87 of 2005 dated 22.07.2005, appointed an Advocate Commissioner to verify and submit a report on
the status of the superstructure and the physical features of the disputed property. The Advocate
Commissioner, in his report dated 31.07.2005, informed that he had visited/inspected the disputed site on
24.07.2005 and was assisted by the Counsel for the petitioner Mr. Dhanaraj and Mr. Rajnish Garje, the
Company Secretary representing the respondents, that at the disputed site a group of twenty persons had met
him and had represented that, though they had spent large sums of money for buying flats/houses, they were
cheated, that the flats/houses were never constructed/delivered, that Sri K. Umamaheswara Rao, who was
present at the site, was introduced to him by Mr. Rajnish Garje as one of the respondents, that Mr. Reddy,
who was also present along with the respondent, had introduced himself as the builder, that he had issued
memos to both the representatives of the petitioner and the respondents and had obtained attendance memos
from them, that he had shot several photographs of the disputed site/structure, that the site consisted of two
structures, one finished and the other partially demolished, that at the entrance of the site there were remains
of a completely damaged structure, that demolition was in progress and it appeared that almost 70% of
demolition had just been completed, that even the debris was not removed from the site, that steel rods were
still found lying, that the structure, located at the entrance of the disputed site adjoining the main road, had
already been demolished, that only some pillars were visible and it appeared as if the entire debris had just
been shifted, that he found tyre/wheel marks of some heavy vehicles on the ground, that he had taken
photographs of persons present at the site including Mr. Reddy and Mr. Umamaheswara Rao, that his overall
N. Venkata Swamy Naidu vs M/S. Sri Surya Teja Constructions ... on 21 September, 2007
Indian Kanoon - http://indiankanoon.org/doc/400488/ 1

EXPERT MEDICAL EVIDENCE

1. CONTUSION; A Contusion is a discolouration of tissue by blood which has extravasated in to it as a result of damage done to small blood vessels by a blunt impact. Only when the extravasated blood is diffusely distributed through the tissue spaces is the lesion a contusion. If the extravasated blood collects as a discrete tumor like mass, the lesion is referred to as a hematoma. There is poor correlation between the force of an impact and the severity of the resulting contusion. Persons with blood dyscrasias, particularly those due to dietary deficiency, may sustain extensive bleeding from vary minor trauma. Multiple bruises from minor trauma are often encountered in alcoholic females and May, prior to autopsy, lead to the impression that physical violence was a more important factor than was actually the case. In the case of a deeply situated contusion, several hours or days may elapse between injury and recognizable discolouration of the skin. A recent contusion is blue and after a day or so tends to develop yellow Arcola, later turning green and finally brown. Therefore it invariably important to record the colour of contusion when first seen. And it is invariably important to note the pattern of the contusions ( or abrasions) if a pattern can be recognized. The pattern of the lesion may be an imprint of the surface of the object that was responsible for it.( CONTUSIONS MAY BE SUSTAINED BY INTERNAL STRUCTURES AS WELL AS BY THE SKIN.THUS,A BLOW ON THE HEAD MAY PRODUCE A CONTUSION OF THE BRAIN WITH OR WITHOUT CORRESPONDING DAMAGE TO THE SCALP. The functional disturbances produced by contusions of internal tissues are variable and unpredictable.)

2. ABRASION: an abrasion is the displacement of the epidermis by friction. Although abrasions are ordinarily little medico legal significance, their presence or absence should always be noted and recorded in personal injury cases. The location and character of an abrasion may help to establish the circumstances in which more severe injuries were sustained. The absence of abrasions may be inconsistent with what is said to have happened. The Direction of the fiction responsible for an abrasion can usually be identified by examining the skin with a hand lens to see which way the fragments of still-attached epidermis have been rolled.

3. LACERATION; A laceration is a disruption of the continuity of a tissue produced by stretching. The most common sites of cutaneous laceration are areas where the skin is stretched over bonyminences. A laceration. A laceration at such site may be as sharply defined, linear, and deep as to resemble an incision. A laceration is frequently curved, and when this is the case the convexity of they are usually points towards the direction from which the disruptive force originated. Two forensic aspects of cutaneous lacerations deserve special emphasis. One is that the skin on the side of the wound opposite to the direction of the motion usually torn free or undetermined for variable distance. The other is that foreign bodies useful in identifying the nature of the object which produced the wound may be found under the skin flap.

CITATIONS ON BLOOD STAINS

1. In cases where blood stained articles from an important part of the prosecution evidence, the police must ensure that the mahazar regarding these articles contain a detailed description of the alleged blood stains including their number and extent. ( 1960 Ker LT 510 )

2. In cases where the accused seriously challenges that the alleged weapon of offence had nothing to do with him or the crime in question , the omission to send the suspected blood stained article for examination by a chemical examinee and by serologist may lead to acquittal of a guilty person simply on account of account of such omission. ( AIR 1956 Raj 34 to 37)

EXAMINATION OF THE INJURED PERSONS

1. In the examinations of wounds which from the subject of medico legal inquiry, whether the victim be alive or dead, very great care should be exercised. If no opinion can be given in certain cases of injury, the person should be kept under observation and this fact reported to the police. In cases which are likely to die from the effect of criminal violence, dying declaration should be recorded. In every case, all observations should be committed to writing at once in the accident Register with appropriate sketches or diagrams. If possible, the photographs of the place should be taken before anything touched and photographs taken of the various wounds. An accident Register is a Register maintained in Hospitals in which the details of examination of the injured person are recorded by the medical officer. The entries therein should be made carefully; nothing should be erased there from; and all alterations should be initialed. The particulars to be entered in the accident Register are as follows;

1. Serial Number

2. Date, time and place of examination,

3. Name including father’s name and surname,

4. Age,

5. Sex,

6. Occupation,

7. Address both residence and office,

8. Brought by whom,

9. Two identification Marks,

10. Dying Declaration necessary or not,

11. Consent for examination

12. Brief history of the case alleged (beaten by whom, with

What, when, and where etc)

13. Detailed Description of the injury,

14. Opinion (Simple / Grievous)

15. Remarks,

16. Signature of the medical Officer

Note; POINTS 8,11,12,15 NEEDS SOME ELOBORATION.

(8) A medico legal case is generally brought by a Police Constable and occasionally by relations, friends, or passersby. If the case is brought by the police constable, his name, number, and police station to which he belongs should be recorded. If brought by relatives, friends, or passersby their names and addresses should be recorded and intimated to the nearest police station immediately.

(9) CONSENT OF EXAMINATION; this is dealt with in detail in the Chapter on “Law in relation to medical men”. It would suffice here to mention that a person of and above the age of 12 years can give consent for examination. It should preferably be written and bear the signature or left thumb impression of the patient. In case of persons below 12 years of age, consent from parent, relative, or guardian is essential.

(10) BRIEF HISTORY OF THE CASE ALLEGED; the injured person may or may not give a correct version of the kind of weapon and mode of assault. False allegations may be made. The medical officer should satisfy himself if the injuries could have been caused by the kind of weapon and in the manner alleged.

(11) REMARKS; This may include any information that is considered essential by the medical officer, such as injuries, and stains on clothing, age of the injury, or if the person was admitted to the Hospital or discharged.

All the above particulars are entered in the register by the Medical Officer in his hand writing. They are also recorded in the injury Certificate or injury Report. When a wounded individual sent by the Police for medical examination, the medical officer is served with a requisition containing the patients statement in vernacular and printed from known as injury report in duplicate, the columns of which he is required to fill in after examining the injured person. One copy of the injury report is dispatched to the concerned police station for investigation of the case and the other retained by the medical officer as office copy for future reference.

RULINGS ON EVIDENTARY VALUE OF STATEMENTS RECORDED BYTHE POLICE UNDER SECTION 161 CODE OF CIMINAL PROCEDURE During the course of Investigation

1. Inconsistence between the evidence and the statement made during the investigation renders the witness unbelievable.(1973 Cr.LJ- SC 1025).

2. Omission to state facts before the investigating Officer shall be presumed to be after thought.(AIR 1956 SC 216 )

3. Statements under Section 161 Cr.P.C will not be evidence(AIR 1997 SC 331)

4. Statements made in the investigation are not substantive evidence.(AIR 1980 SC 873)

5. Omission to state facts before the Investigating Officer condemns the testimony of the witness.(AIR 1975 Sc 216= 1975 Cr.LJ SC 262).

6. Statements made to the police by witnesses in the course of investigation cannot be used as substantive evidence- such statements cannot be used except for the purpose of contradicting under Section 145 of Evidence Act, where any part there of such statement is so used in re examination for the limited purpose of explaining the matter referred to in Cross examination. The only other exception to this embargo is where a statement falls under purview of Sec 27 or Sec 32 of Evidence Act.( AIR 1980 SC 873)= AIR 1991 SC 31.

7. A fictitious statement of witness was prepared, is not recorded under section 161 Cr.P.C faithfully. A fictitious statement has been prepared on the basis of the FIR. Under these circumstances the statement lost of its weight.( 1984(2) Cr.LC 449 ) Allahabad High Court.

8. DISCOVERY OF BLOOD STAINS ON THE SEIZED ARTICLES- PRESUMPTION OF- It is necessary and desirable that the Police Officer recovering articles which suspected stains of blood should immediately take steps to seal them and evidence should be produced that the seals were not tampered with till the articles were sent to the chemical Examiner for analysis. If such precautions are not taken, the court may not place the same reliance on the discovery of blood stains on the seized articles as it would have done if necessary precautions had been taken.(1986 Cr.LJ 513)

9. SOME OF GOLDEN PRINCIPLES GOVERNING ADMISSIBILITY AND USE OF CIRCUMSTANTIAL EVIDENCE; (1) the facts alleged as the basis of any legal inference must be clearly proved and connected with the factum of probandum. (2) The burden of proof is always on the party who asserts the existence of any fact which infers legal accountability.(3) In all cases whether direct or circumstantial , the best evidence must be adduced which the nature of the case admits. (4) In order to justify the inference of guilt the exculpatory with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt, and (5) If there be any reasonable doubt of the guilt of the accused, he is entitled to be acquitted.( 1982 Cr.LC 373)

10. Circumstantial evidence needs a careful scrutiny. Circumstantial evidence, cannot be deemed to be a safe instrument in the hands of the Prosecution to strike at and to prove the accusation against a person, as in the most of the cases, it is subjected to different interpretation and different stages.( 1983(2) Cr.LC 560)

11. CIRCUMSTANTIAL EVIDENCE AND CONVICTION; the evidence in the present case was purely circumstantial. The position of law regarding nature of evidence required in such a case is well settled. Prosecution will have to prove all the circumstances without any omission. Those circumstances put together must form a complete chain without missing link. All the circumstances should lead only to one hypothesis namely the guilt of the accused. No circumstance should suggest his innocence. In short the circumstances put together should unerringly speak only to the guilt of the accused and not in any way to his innocence.( 1984 Cr.LJ 563)

12. Circumstance to be circumstantial evidence must be proved circumstance which is compitable with the guilt of the accused and no other conclusion can be drawn other than the guilt of the accused person.

13. Benefit of doubt; The most important circumstances relied upon by the prosecution, namely that the appellant/accused was alone in the house with the deceased at the time of occurrence and that the deceased had been covered with a chader from head to toe have not been established and the other circumstances are either not established or are not correct. It cannot be said that the Prosecution has established the case against the appellant/Accused beyond reasonable doubt.( 1986 Cr.LJ 1917 )

14. Duty of Prosecution; When the facts are within the special knowledge of an accused person, he is no doubt, to place the circumstances on the record to show that his plea is a reasonable and probable one. But he is not to prove his case beyond reasonable doubt as it is the duty of the Prosecution to do.( 1983 Cr.LJ 521)

15. Conflict between the medical evidence and oral evidence; when there is conflict between the medical evidence and the oral evidence; it was held that the accused are entitled to the benefit of doubt. ( 1982 Cr.LJ 113 )

16. CIRCUMSTANTIAL EVIDENCE- CAREFUL EVALUATION OF THE CIRCUMSTANCE What is more important is “ a proper and careful evaluation f circumstances in order to determine whether they are computable with any other reasonable hypothesis” ( 1984 Cr.LJ 748)

17. STANDARD OF PROOF; While considering the question whether circumstantial evidence is inconsistent with the innocence of the accused, the standard of proof to be adopted must be reasonable and not fantastic. The Courts cannot be too willing to accept such fantastic probabilities as circumstances posing a hypothesis inconsistent with the guilt of the accused. Evidence” must be qualitatively such that on every reasonable hypothesis the conclusion must be that the accused is guilty, not fantastic possibilities not freak inferences but rational deductions which reasonable minds make from the probative force of facts and circumstances”

RESIGNATIONS OF MLAs IN A.P

IT IS UNFORTUNATE SITUATION IN THE STATE OF ANDHRA PRADESH WHERE THE ELLECTED MEMBERS OF LEGISLATURE OF ASSEMBLY HAVE SUBMITTED IN BULK IRRESPECTIVE OF THEIR PARTY AND POLICIES.iT IS NOTHING BUT BLACKMAILING IN THIS SITUATION THE SPEAKER OF ASSEMBLY HAS NOT TAKEN ANY DECESION ON SUCH RESIGNATIONS AS ON TODAY i.e 19-12-2009. IT APPEARS THAT THERE IS DIFFERENT RULE TO THE MLAs AND gOVERNMENT SERVANTS WHERE THE RESIGNATION SUBMITTED BY THE ONE OF THE POLICE DSP NALINI HAS ALREADY NEEN ACCEPTED, THEN WHY THE RESIGNATIONS OF MLAs ARE PENDING THIS SITUATION OF MOST UNFORTUNATE, AND FAVOURABLE CONSIDERATIONS TO THE POLITICAL LEADRES ALWAYS TO BE CONDEMNED.

TELANGANA CRISES

IT IS WELL KNOWN SUBJECT TO ALL THE PEOPLE OF INDIA AS THIS PROBLEM FOR SEPARATE STATE IS SINCE LAST 40 YEARS AND MORE. The People of Telangana wants to be separated , but unfortunately the arguments from Andhra and Rayala seeema leadres that they want united Andhra Pradesh, which is untenable and condemnable by people, When some section do not want to live together the argument for unity by some others is nothing but a foolish argument. The crises in Andhra Pradesh in my opinion is the result of croocked politics of Congress Party and its selfich leaders who are real estate Traders.

APPONTMENT OF lAW OFFICERS PROCEDURE

The appontment of Law Officers such as Government Pleaders to work in varous court on behalf of the Government of Andhra Pradesh, The Government has issued a GO fixing up some rules and procedure, But the Government is not following its own rules prescribed for that, and entertaining the Political interefernce and appointments are made purely on political consideration, in other words it can be said that the Ruling Party is filling up the Posts of Law Officers to their Workers irrespective of the experinece and performance. The Honorable High Court is also find fault on the system of appounting the Lw Officers, but the Government is not in position to consider the Judgments and accepting the Recommondations of Political Leaders as eligibilty for the said posts. Please comment on this issue as to whether the Government can be Trusted?