Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2805 of 2019 Applicant :- Kasim And 2 Others Opposite Party :- Neeraj Kumar, Additional Chief Judicial Magistrate And Another Counsel for Applicant :- Kuldeep Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 27.11.2018 passed in Criminal Misc. Writ Petition No.34026 of 2018 (Kasim and 2 others vs. State of UP and 2 others) and Criminal Misc. Writ Petition No.34069 of 2018 (Afsar and another vs. State of UP and 2 others) wherein the Court has directed as under:-
"This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.11.2018 registered as Case Crime No.318 of 2018 u/s 3, 5, 5(ka), 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S.- Khurja Dehat, District- Bulandshahr.
This Court has the occasion to peruse the F.I.R. and the F.I.R. in question does disclose a cognizable offence. In view of this, there is no occasion for this Court to quash the F.I.R. as has been prayed on behalf of petitioners. As such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioners next contended that the offence in question as has been alleged to have been committed by the petitioners is u/s 3, 5, 5(ka), 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, and the said offence, even if the charges are found to be proved, sentence of more than 7 years can not be awarded and in view of this, mechanically arrest should not be effectuated by the police personnel.
The fact of the matter is that till date, arrest has not been effectuated and this is mere apprehension of the petitioners that they would be arrested in breach of provisions as contained under Section 41(1)(b) read with Section 41-A of the Cr.P.C. Once there is statutory provision provided for, then it is always expected that the said provisions would be adhered to and in case there is any violation of the same, complaint can also be made before the Magistrate concerned to remedy the situation.
In view of the above, it is hereby directed that in case arrest of petitioners is to be effectuated and the offence, in which they are wanted, will not entail sentence of more than 7 years, then in that event, concerned police personnel should deal with the matter in compliance of the provisions as contained under Section 41(1)(b) read with Section 41-A of the Cr.P.C.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally. "
The matter was taken up on 9.5.2019 and on the said date learned Chief Standing Counsel was asked to seek instructions in the matter.
On the matter being taken up today, Shri B.B. Pandey, learned Chief Standing Counsel has placed the instructions dated 22.5.2019 sent by the Senior Superintendent of Police, District Bulandshahar, wherein it has been stated that so far as the investigation is concerned, the same is going on. The applicants are involved in 49 criminal cases and the details have also been given in the instruction. The instruction is taken on record.
In the facts and circumstances the Court is not inclined to proceed in the matter under Section 12 of the Contempt of Courts Act, 1971.
The Application is totally misconceived and the same is accordingly dismissed.
Order Date :- 30.5.2019 RKP