(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicants complain of non compliance of the directions contained in order dated 20.7.2011 passed by the learned Single Judge in Special Criminal Application No. 1592 of 2011. In the said order, the learned Single Judge provided as under:
"2.0.
It appears that petitioners have already submitted the representation/ application before the District Superintendent of Police, Kheda at Nadiad making apprehension with respect to the threats given by the persons named in the said application. Under the circumstances, present Special Criminal Application is not entertained at this stage and is disposed of by directing the District Superintendent of Police, Kheda at Nadiad to look into the representation / application submitted by the petitioners and girl Kalpnaben and let the allegations mentioned in the representation be inquired into by the concerned police station and thereafter issue suitable direction. The aforesaid exercise shall be completed within a period of four weeks from the date of receipt of the present order. In the meantime, it will also be open for the petitioners to initiate appropriate proceedings before the concerned Executive Magistrate under Section 107 of the Code of Criminal Procedure, which shall be considered in accordance with law and on merits. With this, present application is disposed of. Direct service is permitted. "
2. In response to the notice issued, respondents have appeared and filed affidavit dated 16th April, 2012 of one, Shri V.P. Gamit, Police Inspector, Balasinor Police Station.
3. From the petition and the reply statement, it emerges that the respondents have taken steps to inquire into the allegations of the applicants. It, however, appears that according to the respondents, at the center of controversy is eloping of a young boy and girl of the locality belonging to the same community to which the present applicants belong. With respect to the said incident, authorities inquired, but found that the boy and girl had married voluntarily. It also appears that in furtherance of the directions issued by the learned Single Judge, steps were taken and proceedings under section 107 of the Code of Criminal Procedure were also taken.
4. We do not find any case for contempt is made out. It is always open for the applicants to take appropriate steps, if according to them, certain illegal acts are not being investigated by the police.
5. Subject to the above observations, this contempt petition is dismissed. Notice is discharged.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top