Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7016 of 2018 Applicant :- Smt. Premwati Devi Opposite Party :- Suchendra Patel Counsel for Applicant :- Satya Narayan Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri K.R. Singh, learned Addl. Chief Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 29.03.2018 passed in Criminal Misc. Writ Petition No.7675 of 2018 (Prem Wati v. State of UP. & Ors.). For ready reference the order dated 29.03.2018 is quoted as under:-
"Heard Sri Amrit Shanker Dubey, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer commanding to the respondent no.1 the Superintendent of Police, District Firozabad to monitor and ensure fair investigation in FIR dated 26.10.2017 in case crime no.775 of 2017, u/s 366 IPC, P.S. Rasoolpur, district Firozabad.
Learned counsel for the petitioner submits that the petitioner is the informant of the case who has lodged the F.I.R. against the unknown persons for kidnapping her minor daughter but neither the investigation of the case has not been concluded till date nor her daughter has been recovered till date.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit a police report before the court concerned expeditiously preferably within the period of three months from the date of production of a certified copy of this order. The Investigating Officer is also directed to make all the efforts to recover the victim girl within the aforesaid period.
The S.P., Firozabad is directed to ensure the compliance of this order. With the aforesaid directions, the present petition stands disposed of."
On the matter being taken up today, Shri K.R. Singh, learned Addl. Chief Standing Counsel has placed the instructions sent by the Superintendent of Police, Firozabad, whereby it has been informed that in response to the order dated 29.3.2018 the investigation is on and the same would be finalised expeditiously. He has also submitted that the authorities have asked for one month time for complying the writ Court order in question.
The Court has proceeded to examine the record in question and find that once categorical instruction has been submitted before this Court, no useful purpose would be served in keeping the present contempt application pending consideration. Consequently, the contempt application stand disposed of asking the authorities concerned to comply the writ Court order in question in letter and spirit preferably within six weeks from the date of production of certified copy of this order. The applicant would be at liberty to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 30.4.2019 SP/