Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2744 of 2021 Applicant :- Kavita Sain Opposite Party :- Amit Pathak Senior Superintendent Of Police Counsel for Applicant :- Tarun Kumar Sharma,Satyendra Narayan Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 01.12.2020 passed in Writ Petition No.13737 of 2020 (Kavita Sain Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"The prayer made in the instant petition is for a mandamus commanding the respondents 2 and 3 to make proper and effective investigation in Case Crime No. 1229 of 2020 under Section 365 IPC, Police Station Kavi Nagar, District Ghaziabad. The petitioner is the first informant in the said case. It is alleged that the police is not making investigation in proper manner nor has arrested any accused person till date.
Having regard to the facts of the case and the submissions made, the instant petition is disposed of with liberty to the petitioner to approach respondent No. 2 with a detailed representation stating complete facts and in which event, respondent No. 2 shall ensure that the case is investigated in a proper and effective manner.
The writ petition stands disposed of."
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 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 parties to comply with the aforesaid order of the Court within three months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties 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 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 parties within the stipulated time as aforementioned.
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 :- 30.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.30 15:19:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad