Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4202 of 2019 Applicant :- Ramveer Singh Opposite Party :- Mamta Singh, Chief Judicial Magistrate Counsel for Applicant :- Ajay Kumar 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 opposite parties for wilful disobedience of the order dated 06.12.2017 passed in Criminal Misc. Application No.40570 of 2017 (Ramveer Singh v. State of U.P.), which for ready reference is quoted as under:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant is permitted to implead the necessary opposite parties in the array of parties.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 26.7.2017 passed by Chief Judicial Magistrate, Mainpuri in complaint case no.1604 of 2017 under sections 420, 465, 467, 468, 471 IPC, P.S. Kotwali, District Mainpuri pending in the Court of Chief Judicial Magistrate, Mainpuri. Further prayer has been made to direct the court concerned to decided the aforementioned complaint case within a stipulated period.
Vide order dated 26.7.2017, after recording the statements of the complainant and witnesses under sections 200 & 202 Cr.P.C., the Magistrate concerned called for the report from the B.S.A. concerned on given points. Magistrate is fully empowered to obtain report on given points. There is no illegality or infirmity in the impugned order. Prayer made for quashing the impugned order is refused.
So far as the second prayer regarding expeditious disposal of the complaint case is concerned, the court concerned is directed to decide the aforesaid complaint case expeditiously fulfilling all the formalities in accordance with law.
Application stands disposed of."
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.
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 and decide the complaint case in question within six 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 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.
Order Date :- 30.7.2019 SP/