Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2607 of 2019 Applicant :- Jitendra Kumar And Another Opposite Party :- Atul Sharma, Senior Superintendent Of Police Counsel for Applicant :- Ashish Pandey,Narendra Deo Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 31.5.2018 passed in Criminal Misc. Writ Petition No.14408 of 2018 filed by the applicant, the Court directed as under:
"Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
Learned counsel for the petitioners has confined his prayer to the extent that a suitable direction may be issued to the respondent no. 2 for ensuring fair and proper investigation in pursuance of the FIR registered as case crime no. 403 of 2017, under sections 452, 307, 120-B, 506/34 I.P.C. police station Dhoomanganj District Allahabad.
Considering the facts and circumstances of the case, it is directed that in case petitioners is having any grievance with regard to fair investigation of the case, the same may be raised before the SSP, Allahabad who shall look into the matter and ensure fair and proper investigation in the matter so that it may reach to its logical conclusion one way or the other, without any interference and without any fear.
With the above direction, the writ petition is disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 30.4.2019 RKP