APHC010303472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6298/2025 Between: 1. S V K ENTERPRISES REP BY ITS PROPRIETOR KOTA KISHORE, REP. BY ITS PROPRIETOR KOTA KISHORE, S/O. RAM BABU, AGE 45 YRS, ADDRESS AT DOOR NO. 2-8-281, LABOUR COLONY, V. D. PURAM, VIJAYAWADA (CELL. 9032543254) ...PETITIONER/ACCUSED AND 1. M/S SREENIVASA AGENCIES, KURNOOL, REP. BY C. RAJARAM BAHADUR S/O. LATE. C. RAMA KRISHNA RAO, AGE 65 YRS, H. NO. 80-11-24, KRISHNA NAGAR, KURNOOL 2. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A. P., AMARAVATHI, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. KONDIPARTHI V RATNAKAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: ORDER: This Criminal Petition, under Section 528 of BNSS has been filed by the petitioner herein seeking to quash the Docket Order dated 19.06.2023 in EA No.26 of 2023 in CC No.82 of 2022 passed by the learned District Consumer Disputes Redressal Commission, Kurnool. 2. Heard Sri K.V.Ratnakar, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. Learned counsel for the petitioner would submit that the District Consumer Disputes Redressal Commission has no authority to issue a 2 warrant of arrest against the petitioner. The commission can issue warrant for detention of the judgment debtor in civil prison in accordance with the provision laid down under Code of Civil Procedure. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. At this juncture, it is apposite to refer to Sections 71 and 72 of the Consumer Protect Act, which read as under: “71. Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act. 72. (1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973. (3) Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be.” 6. As seen from the above provisions, Section 72 of the Act envisages penalty for non-compliance of the order of the District Commission, State 3 Commission or National Commission, as the case may be, meaning thereby, that the Commission is empowered to initiate proceeding under Section 72 of the Act for penalty for non-compliance of the order. The decree holder may take recourse to Section 71 or Section 72 of the Act for execution of the order passed by the Consumer Forum. The law does not authorize the Forum to issue warrant of arrest for enforcement of its order under the Code of Criminal Procedure. 7. Considering the submissions made and in view of the above provisions, the Criminal Petition is allowed and the Docket Order dated 19.06.2023 in EA No.26 of 2023 in CC.No.82 of 2022 on the file of the learned District Consumer Disputes Redressal Commission, Kurnool is hereby set aside. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:01.09.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.6298 of 2025 Dt.01.09.2025 Asr