The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 04.01.2021 passed in Criminal Misc. Writ Petition No. 15990 of 2020 (Gopal Yadav Vs. State of U.P. and 3 Others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed seeking the following among other relief:-
"i) issue a writ, order or direction in nature of mandamus commanding to the respondents may be concluded the fair and expeditiously investigation In Case Crime No. 0063 of 2020, Under Section 147, 149, 323, 504, 506, 308, 336, 452, 354, 427, 352 IPC Police Station - Maharajganj, District- Azamgarh in the interest of justice."
It has been submitted that first information report was lodged on 10.04.2020 under Sections 147, 149, 323, 504, 506, 308, 336, 452, 354, 427, 352 IPC Police Station - Maharajganj, District- Azamgarh . The investigation has not been completed and police report under Section 173 Cr.P.C. has not been filed till date.
Without expressing any opinion on the merits of the FIR, this writ petition is, therefore, disposed of with a direction to the respondent- authorities to ensure a fair and proper investigation in the aforesaid First Information Report and conclude the same preferably within a period of two months from the date of production of copy of this order."
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 for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within four weeks from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
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 :- 18.8.2021 Swati