Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4574 of 2021 Applicant :- Ashok Kumar Mishra Opposite Party :- Shri Pati Mishra, S.P. Deoria Counsel for Applicant :- Shri Prakash Mishra,Bal Mukund Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 21.1.2021 passed in Criminal Misc Writ Petition No. 501 of 2021 (Ashok Kumar Mishra Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Sri Bal Mukund Singh, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and proper investigation in respect of Crime No. 0359 of 2020 for the offence under Sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., P.S. Kotwali, District Deoria.
According to the petitioner on 18.06.2020, he lodged an FIR against the private respondents but till date nothing has been done by the police. Apprehension has been shown by the petitioner that either the police is favouring the accused or is not interested to investigate the matter. Learned counsel for the petitioner submits that purpose of filing this petition would be served if direction is issued to the police authorities to investigate the matter fairly and impartially.
State counsel submits that the police authorities are under the obligation to do the investigation fairly and impartially and the same would be done within time frame in accordance with law.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case, if not already completed, fairly, impartially and expeditiously in accordance with law on the basis of evidence so collected within a period of two months from the date of production of copy of this order.
If the police fails to conclude the investigation the petitioner would be at liberty to approach the higher police authorities.
It is made clear that this Court has not expressed any opinion on merit of the case and the police authorities to act in accordance with law.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 saqlain