Court No. - 6
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3050 of 2018 Applicant :- Ganesh Dutt Opposite Party :- Sri Manoj Kumar Jha, S. P.
Counsel for Applicant :- Maithali Sharan Pipersenia
Hon'ble Ashok Kumar,J.
Heard Sri MS Pipersenia, assisted by Sri Utsav, learned counsel for the applicant and Sri PK Giri, learned Additional Chief Standing Counsel for the respondents.
This is a contempt application (civil), by which, learned counsel for the applicant prays for summoning the Opposite Party, the contemnor, the Superintendent of Police, Chitrakoot, and to punish him under the provisions of the Contempt of Courts Act, 1971 for wilful committing contempt of the order of this Court dated 6.4.2017 passed in Criminal Misc. Writ Petition No. 4949 of 2017.
Having heard learned counsel for the applicant and perused the record and the second supplementary affidavit filed today.
From the perusal of the documents and the annexures filed along with the second supplementary affidavit, this Court noticed that during the pendency of the present contempt application and in pursuance of the order of this Court, the final report has been submitted by the concerned authority before the Court of CJM, Chitrakoot on 9.7.2018.
However, learned counsel for the applicant has submitted that the contents so mentioned in the instruction, which are placed by learned Additional Chief Standing Counsel refers as follows:-
"अत : वविविवेचननात्मक कनाररविनाहही पपूरर करतवे हहरवे वदिननानांक 9.7.18 कको अवभिरकोग दिदैवनककी पवेवषित करतवे हहरवे वविविवेचनना समनाप्त ककी जना चचुककी हदै तथना सम्बननन्धित नरनारनालर मम एसटही ननां0 130/2015 सरकनार बननाम ओमपकनाश शमनार आवदि मम वदिननानांक 1.9.18 कको समस्त अवभिरकोग दिदैवनककी विनास्तवे अवग्रिम वविचनारर हवेतचु पनाप्त करनारही गरही हदै।"
The said report is nothing but basically a final report submitted by the police authorities, which the applicant can challenge by means of a protest petition before the appropriate Court of law.
In view of the aforesaid as also admitted by respective parties, the instant contempt application has become infructuous, it is, accordingly, disposed of.
It is, however, cleared and it is open to the applicant, if so advised, to approach the competent Court by means a protest petition, which the competent Court decides expeditiously, in accordance with law, if the said protest petition is maintainable.
Order Date :- 24.9.2018 Akram