Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5052 of 2018 Applicant :- Deepak Jain Opposite Party :- Prabhu Narayan Pandey Counsel for Applicant :- Chitranshu Srivastav Hon'ble Manoj Kumar Gupta,J.
In terms of order dated 28.8.2017, the court below was required to examine the issue relating to juvenility of the applicant within a period of three months from the date of receipt of a certified copy of the order.
Although a certified copy of the order of the Writ Court is stated to have been filed before the trial court on 4.9.2017, but a perusal of the order sheet does not indicate that any request was made to the court to decide the said issue before proceeding any further in the matter.
In such view of the matter, this Court is not inclined to proceed in contempt at this stage, but leaves it open to the applicant to file an application making specific request to the court to decide the said issue in the light of the direction issued by this Court and whereafter the trial Judge shall be bound to follow the direction issued by this Court. In case the matter is not decided even after filing of such an application alongwith certified copy of this order, it shall be open to the applicant to approach this Court again by way of a fresh petition.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 24.9.2018 SL