Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5656 of 2021 Applicant :- Kalawati Opposite Party :- Sri Sarvashresth Tripathi,S.S.P.
Counsel for Applicant :- Sanjay Singh
Hon'ble Jayant Banerji,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant.
By means of this application, contempt of the order of the writ Court dated 07.01.2021 passed in Criminal Misc. Writ Petition No.15571 of 2020 (Kalawati v. State of U.p. & Ors.) has been alleged.
It is contended by the learned counsel for the petitioner that the opposite party as well as the Station House Officer, Police Station Handia were duly served by sending a representation through registered post on 28.01.2021.
The order of the writ Court dated 07.01.2021 is as follows :-
"Heard Sri Sanjay Singh, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned brief-holder for the State and perused the impugned F.I.R. as well as material brought on record. This petition has been filed by the petitioner with the prayer to direct the respondent no.2 to conduct fair investigation of case crime no.1096 of 2018, u/s 419, 420, 467, 468, 406 IPC, P.S. Handia, district Prayagraj through I.O. of Police Station Jhunsi, district Prayagraj.
Learned counsel for the petitioner submits that the petitioner is the informant of the case who has lodged impugned F.I.R. against the accused respondent no.4 but the investigation of the case has not been concluded till date nor any police report has been submitted, the said fact is mentioned in para no.16 of the present writ petition.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit a police report before the court concerned expeditiously preferably within the period of three months from the date of production of copy of this order, if already not concluded.
The S.S.P., Prayagraj is directed to ensure the compliance of this order. With the aforesaid directions, the present petition stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
Prima facie, a case for contempt is made out. However, no notice is being issued to the opposite party at this stage. The opposite party and the Investigating Officer are afforded one more opportunity to comply with the order of the writ Court.
Under the circumstances, the applicant shall supply a duly stamped registered post envelope addressed to the opposite party and another self-addressed envelope to the office within ten working days 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 record thereof.
The opposite party shall comply with the directions of the writ Court and intimate the applicant the order through the self- addressed envelop within two weeks thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this Court again.
With the aforesaid observations, this application is disposed of.
Order Date :- 23.12.2021 SK (Jayant Banerji, J.)