Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5490 of 2019 Applicant :- Smt. Mamta Bajaj Opposite Party :- Ranjana Saroj J. M. Ist Counsel for Applicant :- Nandan Singh Yaduvanshi,Ajay Singh
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 20.12.2018 passed in Application U/S 482 No.45962 of 2018 filed by the applicant, the Court directed as under:
"This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Misc. Case No. 816 of 2014, under Section- 12, 18, 20, 22, 23 Domestic Violence Act, Police Station- Atarsuiya, District- Allahabad, pending before the A.C.J.M.-8th, Allahabad.
Considering the fact that the trial has remained pending since long. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment."
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 hear the case on day-to-day basis, if it is required and decide the same within four 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 :- 27.8.2019 RKP