A supplementary affidavit has been filed by learned counsel for the applicant today. Let the same be taken on record.
According to Sri Lovelesh Kumar Verma, learned counsel for the applicant, the applicant had filed Criminal Misc. Writ Petition No. 6558 of 2011 (Jogendra Prasad Vishwakarma Vs. State of U.P. and others), wherein by the order dated 15.4.2011, a Division Bench of this Court directed the Superintendent of Police Banda to look into the matter and ensure that proper investigation is conducted in the F.I.R. registered as Case Crime No. 762 of 2010, under Sections 498-A, 304-B, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Banda. According to learned counsel a certified copy of the order was served on the opposite party on 30.4.2011 and although, the Superintendent of Police, Banda had appointed an Investigating Officer, the Investigating Officer has filed a final report dated 20.06.2011 before the Court concerned, which is disobedience of the direction issued by the Writ Court, inasmuch as according to learned counsel for the applicant, he has not conducted thorough investigation in the matter.
Having considered the submission of learned counsel for the applicant and perused the record, it is quite apparent that the grievance of the applicant is with respect to the investigation done in the aforesaid case by the Investigating Officer. In case the Investigating Officer has filed a final report dated 20.06.2011, the applicant will have full opportunity to contest the same by filing protest application under Section 190 Cr.P.C. before the court concerned.
This Court in its contempt jurisdiction cannot, even upon exchange of affidavits, record any finding with respect to proper or improper investigation done by the Investigating Officer. This contempt petition is dismissed accordingly.
No order is passed as to costs.
Order Date :- 9.9.2011 Lbm/-