Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4719 of 2019 Applicant :- Manoj Sonkar Opposite Party :- Mr. Sachchidanand Upadhyay, Special Judge ( S.C./S.T. Act) Counsel for Applicant :- Shashi Kant Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
Present contempt application has been filed alleging wilful disobedience of the order dated 7.12.2017 passed by this Court in Application under Section 482 No.40703 of 2017 filed by the applicant wherein the Court directed as under:-
"The applicant has filed this application under Section 482 Cr.P.C. with a prayer that the Special Judge (S.C./S.T. Act), Gorakhpur be directed to decide the Complaint Case No.35 of 2016 (Manoj Sonkar Vs. Amla Yadav) under Sections 504, 506 IPC and 3 (1) (X) S.C./S.T. Act, P.S. Gola, District Gorakhpur expeditiously within a stipulated period.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, the court concerned is directed to decide the aforesaid case expeditiously fixing short dates if there is no other legal impediment.
With the above observations, the application stands disposed of. "
The Court has proceeded to examine the record in question and perused the order-sheet, which is appended alongwith the present contempt application. A bare perusal of the order-sheet, it is apparent that at no point of time any deliberate attempt has been made by the Presiding Officer to delay the proceeding and every endeavour was made to expedite the proceeding.
In such circumstances, the Court is not inclined to proceed under Section 12 of the Contempt of Courts Act, 1971. However, it is always expected from the Presiding Officer to finalize the proceeding expeditiously without granting any unnecessary adjournments to either of the parties.
With the aforesaid observations, the contempt application is disposed of.
Order Date :- 30.7.2019 RKP