Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2584 of 2019 Applicant :- Brajesh Kumar Shukla Opposite Party :- Anant Deo Tiwari, Senior Superintendent Of Police Counsel for Applicant :- Dinesh Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 28.11.2018 passed in Writ Petition No.23170 of 2018 (Brajesh Kumar Shukla v. State of U.P. & Ors.). For ready reference the operative portion of the order dated 28.11.2018 is quoted as under:-
" The writ petition is allowed. The impugned order dated 2 December 2017 is quashed. The matter shall now stand remitted to the SSP Kanpur Nagar who shall proceed to take a decision afresh in light of the observations made hereinabove. This exercise shall be duly completed within a period of one month from the date of presentation of a certified copy of this order."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 one month 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 stamped envelope to the office within one week 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.
Order Date :- 30.4.2019 SP/