Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1191 of 2019 Applicant :- Rama Nand Singh Opposite Party :- Sunil Gupta Counsel for Applicant :- Arvind Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for wilful disobedience of the order dated 03.11.2017 passed in Criminal Misc. Writ Petition No.23662 of 2017 (Rama Nand Singh v. State of U.P. & Ors.). For ready reference the order dated 03.11.2017 is quoted as under:-
"Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer that suitable direction may be issued to the authority concerned for ensuring fair investigation of Case Crime No.0054 of 2017, under Sections- 302 and 120-B IPC, P.S.- Pipraich, District- Gorakhpur.
From the perusal of the record it is revealed that the petitioner is the first informant of the aforementioned case. In case the petitioner is having any grievance with regard to the investigation of the abovementioned case, the same may be raised before the S. S. P., Gorakhpur who shall look into the matter so that fair and expeditious investigation of the abovementioned case may be ensured who shall supervise the investigation and ensure that the same is completed speedily without any undue delay.
With the aforesaid directions, this writ petition is disposed of finally."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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.
On the matter being taken up today, learned Standing Counsel has produced the instructions dated 28.04.2019 and prayed that eight weeks more time may be accorded for complying the order of the writ Court in question.
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 eight weeks 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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. The instructions are taken on record.
Order Date :- 30.4.2019 SP/