Court No. - 43
Case :- CONTEMPT APPEAL DEFECTIVE No. - 4 of 2019 Appellant :- Shiv Shankar Respondent :- Sri Raj Kumar Singh, A.S.J. Iii Counsel for Appellant :- Bheshaj Puri
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Ms. Tanya Pandey, holding brief of Sri Bheshaj Puri for the appellant and the learned A.G.A.
This contempt appeal is preferred against the order dated 22.11.2019 in Contempt Application (Civil) No.6402/2019 whereby the learned Single Judge dismissed the contempt application.
The appellant filed a contempt application on the ground that once the interim order dated 2.11.2018 in A-482 No.39803/2018 was operating in his favour to the knowledge of the court concerned whereby further proceedings of S.S.T. No.35/2018, arising out Case No.307/2016, under Section 394 IPC, issuance of summoning order dated 10.6.2019 against the appellant would amount to wilful disobedience on the part of the court concerned.
We find that the contempt has been dismissed primarily on the ground that in view of the law laid by the Apex Court in Asian Resurfacing of Road Agency vs. Central Bureau of Investigation in Criminal Appeal No.1375-1376 of 2015 decided on 28.3.2018 that all interim orders whereby the proceedings of trial have been stayed, would automatically come to an end, in absence of speaking order, either after 6 months from the order of the Apex court in Asian Resurfacing (supra) or the stay order whichever is later.
The interim order of the High Court in favour of the appellant is dated 2.11.2018, whereby proceedings of the trial court were stayed. More than 6 months elapsed when the learned Magistrate issued a summoning order dated 10.6.2019 against the appellant in view of Asian Resurfacing (supra). Further it is an admitted position that the applicant in application under Section 482 Cr.P.C. did not take any steps to get the interim order passed therein to be extended or affirmed.
No contempt is made out. The appeal is dismissed.
Order Date :- 20.12.2019 Chandra