Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5420 of 2019 Applicant :- Mohd. Akhtar Opposite Party :- Devendra Nath, Superintendent Of Police And Another Counsel for Applicant :- Ziya Uddin Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 21.01.2019 passed in Criminal Misc. Writ Petition No.1727 of 2019 (Mohd. Akhtar v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 21.01.2019 is quoted as under:-
"In the facts of the case, the writ petition is disposed of with direction that Superintendent of Police, Ballia and Station House Officer, P. S. Ubhanv, Distt. Ballia, respondents- 2 and 3 shall ensure fair and proper investigation of Case Crime No. 0046 of 2018, under Section 302, 201, 34 IPC, P.S. Ubhanv, Distt. Ballia and submission of police report under Section 173 (2) Cr P C as early as possible, preferably within a period of three months."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully 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 certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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.
Order Date :- 26.8.2019 A. Pandey