Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4560 of 2019 Applicant :- Shyam Bahadur Opposite Party :- Mr. Manglesh Dubey, S.D.M.
Counsel for Applicant :- Manish Dev Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 5.10.2018 passed in Application U/S 482 No.35102 of 2018 filed by the applicant, the Court directed as under:
"4. From perusal of the material on record, the submission advanced by the applicant and looking into the facts of the case at this stage without entering into the merits of the case the present application filed under section 482 Cr.P.C. is disposed of with the observation that the S.D.M., Machchlishar, Jaunpur shall proceed and decide the pending application filed by the applicant under section 145(5) Cr.P.C. as expeditiously if possible preferably within a period of one month from the production of certified copy of this order after affording opportunity of hearing to the necessary parties."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 25.7.2019 RKP