IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.19618 of 2009 Between: Mr.H.Ramanjineyulu, S/o.Sri H.Ganganna R/o.16-360, Babu Jagjivanram Nagar, (Pykotal), Adoni, Kurnool District. … Petitioner And The Superintendent of Police, Kurnool, and others … Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.19618 of 2009 ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus declaring inaction of the respondents 1 to 4 in execution of warrants issued against the respondent No.5 accused in C.C. Nos.485, 484, 490, 188, 486, 489, 487 and 491 of 2002, pending before the Judicial First Class Magistrate, Adoni, as illegal, arbitrary and violative of the provisions of 70, 77, 82 and 83 of Criminal Procedure Code and Article 14 of the Constitution of India and consequently direct the respondents 1 to 4 to execute the warrants issued against the respondent No.5 accused in aforementioned C.C. The case of the petitioner, in brief, is that he worked as Sider in M/s.Rayalseema Spinning Mills, situated at Adoni, Kurnool District with ticket No.DWT 34 till it was closed in the year 2002. During his working period, the Company was deducting provident fund, ESI and other statutory deductions from his wages every month but the same was not deposited before the concerned departments. As a result of which, he was unable to withdraw the amounts from the departments concerned, after the Company was closed. It is further submitted that the Company was irregular in depositing the provident fund contributions collected from the employees along with their contributions to the provident fund authorities. It is claimed that a sum of Rs.2,85,87,238/- is due from the Company to the above authorities and due to the said default, the provident fund authorities had initiated various criminal proceedings against the Company and its Managing Director, who is the 5th respondent, before the Judicial First Class Magistrate, Adoni, who issued non bailable warrant against the 5th respondent in the year 2002 for non appearance in the aforementioned cases and the warrant is to be executed by the Police authorities, in particular, the respondents 3 and 4. Further, the respondents 3 and 4 have not been taking any steps to execute the same against the 5th respondent, which in turn affecting the right of the petitioner to receive the provident fund contributions due to him from the Company and the said warrants are pending execution for the last seven years. It is further submitted that non execution of the warrants by the respondents 3 and 4, for the period of last seven years, is totally unjustifiable, inasmuch as, the accused, 5th respondent, has been conducting business in Adoni itself by letting out the factory premises as godowns for a substantial rents and also pursuing other business interests. Due to inaction on the part of the respondents 3 and 4, in either having the warrants executed or reporting to the issuing Court, the reason for non execution, is in a way helping the above accused from being proclaimed as an offender under Section 82 of Cr.P.C. For the inaction on the part of the respondents 3 and 4, he made a representations to the 1st respondent vide letter dated 10.11.2008 and 25.05.2009 and a copy of the same was also marked to the 2nd respondent. Despite such representations, the 5th respondent is moving around scot-free without being brought to book. Further, the 5th respondent is making statements in general public that he cannot be touched by anybody much less the workers like the petitioner as he enjoys the support of the local authorities. Hence, he has come up with the present writ petition. On behalf of the official respondents, the learned Government Pleader for Home, placed a copy of the instructions before this Court, received by her from the Sub Inspector of Police, Adoni I Town Police Station, Kurnool. The learned counsel for the petitioner submits that the petitioner is one among the several workmen, who worked in the 5th respondent’s Company. The 5th respondent’s Company was closed in the year 2002 and he had failed to comply with the mandatory obligation on his part to deposit the provident fund amount, deducted from the wages of the workmen along with the employer’s contribution. Therefore, the authorities under the provisions of the Provident Fund Act, initiated the proceedings under the relevant provisions including that of Code of Criminal Procedure and filed various criminal cases as mentioned hereinabove on the file of the Judicial First Class Magistrate, Adoni. As the case is relating to the year of 2002, the accused is not appeared before the Court, non bailable warrants have been issued in all the cases against the 5th respondent. Since the 5th respondent is a mighty person, knowing fully well that non bailable warrants are pending against him, he is not appearing before the Court, for which, the respondents 1 to 4 are responsible for non execution of warrants. Consequently, the petitioner and other workmen are not in a position to withdraw the amount entitled to them towards their service benefits. Therefore, the petitioner filed the present writ petition. On the other hand, the learned Government Pleader for Home, placed a copy of the instructions dated 19.09.2009, received by her and submitted that the warrants have been issued on 18.06.2009 vide Dis No.733 and the same has been received by the Police on 29.06.2009 and from that date onwards, sincere steps have been taken by the Police to execute the warrants and to arrest the 5th respondent for producing him before the Court. The Police have made their sincere efforts to execute the warrants but the 5th respondent’s whereabouts are not known and still efforts are being made to execute the warrants. Heard the learned counsel for the petitioner and the learned Government Pleader for Home and perused the material on record. From a perusal of the copy of the remarks submitted by the learned Government Pleader for Home, discloses that the Court of Judicial First Class Magistrate, Adoni, issued warrants against accused, L.V.Krishna Reddy, 5th respondent, in C.C. Nos.485, 484, 490, 188, 486, 489, 487, 491 vide Dis. No.733, dated 18.06.2009 and instructed the Inspector of Police, Adoni, I Town Circle to execute the warrants and the same was received on 29.06.2009. In the beginning, the above warrants were directed to the Superintendent of Police Kurnool to execute the same. The Superintendent of Police Kurnool endorsed them to the Inspector of Police, Adoni, II Town Circle, as the residential address of the accused was within the jurisdiction of II Town Police Station, Adoni. The Inspector of Police II Town, Adoni returned the warrants as the warrantee has shifted his residence. Further, on receipt of the said warrants, on 23.07.2009, the Assistant Sub Inspector of Police, Adoni, III P.S. along with P.C.1164 of Adoni, I Town Police Station, were deputed to execute the above mentioned warrants, the police personnel went to Hyderabad and made sincere efforts to execute the warrants. They visited the Charishma Printers, situated at Lakdikapul, Hyderabad which is the printing press of the son of the accused L.Srinivas Reddy and he did not furnish the whereabouts of the accused and acknowledgement was taken from the Saifabad Plice Station, Hyderabad. Further, on 14.09.2009, the P.C. No.2546 was deputed to execute the above mentioned warrants, the Police personnel went to Hyderabad and made sincere efforts to execute the warrants. They visited the Charishma Printers, situated at Lakdikapul, Hyderabad, which is the printing press of the son the accused L.Srinivas Reddy and he did not furnish the whereabouts of the accused and acknowledgement was taken from the Saifabad Police Station, Hyderabad. Therefore, it is submitted that the accused is not residing in the Adoni Town and his whereabouts are not known. Sincere efforts are being made to execute the warrants against the accused in the above mentioned cases. The main grievance of the petitioner in the instant writ petition is that though amount was deducted from his wages towards provident fund etc., the same has not been deposited before the departments concerned and now he is not in a position to withdraw the service benefits. In view of the above, criminal proceedings have been initiated against the 5th respondent and non bailable warrants have been issued against him. But unfortunately, the Police could not execute the warrants. The learned Government Pleader, as per the instructions, herself admitted that the Judicial First Class Magistrate, Adoni has issued the warrants against the accused, 5th respondent, vide Dis. No.733 dated 18.06.2009 and since then, the Police are making their efforts to execute the same. Even still, the Police are making their efforts to execute the warrants. It is to be noted here that one year has elapsed by issuing the warrants and the Police are still making their efforts to execute the warrants and the petitioner is unable to withdraw his service benefits. Under these circumstances, though it cannot be said that the official respondents are not taking any action for executing the warrants, it is for the Police to execute the warrants as early as possible. But, however, having regard to the facts and circumstances of the case and the submissions made by the learned counsel, since the warrants have been issued by the Court on 18.06.2009 but till today the said warrants have not been executed and it is stated by the learned Government Pleader that still efforts are being made, this writ petition can be disposed of with the following direction. The official respondents are directed to execute the warrants in C.C. Nos.485, 484, 490, 188, 486, 489, 487, 491 of 2002, and produce the 5th respondent before the Court, as early as possible, within a period of one month from the date of receipt of a copy of this order. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. ____________________________ JUSTICE G. CHANDRAIAH Date: 24-06-2010 LSK