Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5517 of 2019 Applicant :- Baby Nishad Opposite Party :- Satyarth Aniruddha Pankaj, Senior Superintendent Of Police And Another Counsel for Applicant :- Daya Shanker Yadav,Vinay Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 02.05.2019 passed in Criminal Misc. Writ Petition No.11760 of 2019 (Baby Nishad v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 02.05.2019 is quoted as under:-
"Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the respondent no. 2 Senior Superintendent of Police, Prayagraj and respondent no. 3 Investigating Officer, Police Station- Daraganj, District- Prayagraj are directed to look into the grievance of the petitioner and make its earnest endeavour to ensure speedy fair, unbiased and impartial investigation and be concluded preferably within a period of two months from the date of production of a certified copy of this order."
It is averred in the affidavit filed alongwith contempt application that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully 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 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 parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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.
Order Date :- 27.8.2019 A. Pandey