Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1057 of 2018 Applicant :- Shiv Prasad Opposite Party :- Pradeep Gupta, Superintendent Of Police And Another Counsel for Applicant :- Sharangpani Vikramdhar Dwivedi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
The applicant, non-petitioner, alleges disobedience of an order passed by the Division Bench on 22 September 2017. The Division Bench entertaining a writ petition preferred by the accused named in the F.I.R., of which the applicant is the informant, had provided that the petitioners therein would not be arrested in the case, till collection of credible evidence. The instant petition is based on what the applicant claims to be non compliance with the directions issued by the Division Bench when it observed that the Investigating Authority would submit a report under Section 173 Cr.P.C. within a reasonable period. The Court notes that this order was passed on 22 September 2017. The submission is that the failure on the part of the police authorities to file a charge sheet amounts to contempt. The Court finds itself unable to uphold this contention for the following reasons.
Presently at this stage and in the absence of any cogent material, it would be inappropriate for this Court to hold that there has been a delay in submitting a police report within reasonable time. The only allegation made in paragraphs 10 and 11 is that the Investigating Officer has not recorded the statement of witnesses. The paragraphs, as is evident are shorn of necessary details.
The petition is misconceived and is dismissed.
Order Date :- 27.2.2018 Arun K. Singh