Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5307 of 2019 Applicant :- Shahnawaz Khan Opposite Party :- Sanjay Chaudhary, Chief Judicial Magistrate Counsel for Applicant :- Irfan Raza Khan 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 31.05.2019 passed in Matters Under Article 227 No.4158 of 2018 (Shahnawaz Khan v. State of U.P. & Anr.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned A.G.A for the State as also perused the record.
The present petition has been filed seeking direction to the court below to decide the trial in Criminal Case No. 4314 of 2008 79/80/81 of Trade & Mercantile Marks Act, 1956 and Section 418 and 419 IPC, pending in the Court of Chief Judicial Magistrate, Siddharth Nagar.
Considering the fact that the trial has remained pending and without expressing any opinion on the merits of the case, this petition is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to either of the parties, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment."
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 party to comply with the aforesaid order of the Court and finalise the proceeding in question within four months from the date of production of a certified copy of this order and if necessary day to day hearing may also be ensured in the matter.
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 :- 22.8.2019 SP/