Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2614 of 2019 Applicant :- Arunima Nigam Opposite Party :- Anant Deo, Superintendent Of Police Counsel for Applicant :- Anurag Bhatt Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 22.1.2019 passed in Criminal Misc. Writ Petition No.1734 of 2019 filed by the applicant, the Court directed as under:
"All the submissions that have been made on behalf of the petitioner indicate that they relate to the investigation of the case. To ensure fair investigation in every case is the prime duty of police authorities. Examination of relevant witnesses, collecting all relevant evidence without allowing them to get lost, effecting the arrest of the accused regarding whose guilt there is credible evidence available, tracing out the victim in cases where he has gone missing are just some of the crucial aspects of the investigation which may be cited as illustration. There may be occasions where an informant or sometimes even the accused may have grievance and may feel that the investigation is not being proceeded with on right lines or that it is not being pursued in right earnest and is more in the nature of an eye wash lacking sincerity of purpose or that the fairness of the investigating officer is suspect. All such aspects must be dealt with by the S.S.P./S.P. concerned if they are brought to his notice. The petitioner has all the right and liberty to move an appropriate application before the S.S.P./S.P. concerned expressing his grievance. It is hereby observed that in case the petitioner moves any such application, the same shall be looked into by the S.S.P./S.P. concerned who is also directed to take all necessary steps to ensure fair investigation in the case on the right lines and who shall also ensure that the same is brought to its logical conclusion expeditiously and is completed with dispatch without any unnecessary or undue delay.
With the above directions, this writ petition stands finally disposed off."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 30.4.2019 RKP