Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1313 of 2019 Applicant :- Rama Nand Shukla Opposite Party :- Rituraj Singh, Investigating Officer Counsel for Applicant :- D.M.Tripathi,Anil Kumar Aditya
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned Standing Counsel.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 09.10.2018 passed by this Court in Criminal Misc. Writ Petition No.28621 of 2018 (Rama Nand Shukla v. State of U.P. & Ors.). The order dated 09.10.2018 is quoted as under:-
"Heard learned counsel for the petitioner, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent authorities to conduct fair and proper investigation in relation to F.I.R. dated 13.08.2018 registered as case crime no.1031 of 2018 under section 363 I.P.C., police station Dhoomanganj, District Allahabad.
Learned counsel for the petitioner submits that petitioner is the informant of the case. He lodged the present F.I.R. on 13.08.2018 but till date, neither the investigation has been concluded nor recovery of his son has been made, hence, he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the recovery/investigation of the present case and submit the police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Allahabad shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of."
On the matter being taken up on 08.03.2018 the Court had asked learned Addl. Chief Standing Counsel to seek instructions in the matter. In response to the said order, detailed instructions dated 11.4.2019 has been sent by the Sub Inspector (Trainee), P.S. Dhumanganj, Prayagraj, whereby it has been informed that the investigation is on and the same would be finalised within one month.
Considering the facts and circumstances of the case, this Court hope and trust as per the instructions that the investigation must be completed within one month in response to the direction issued by this Court dated 09.10.2018.
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 :- 29.4.2019 SP/