The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 20.01.2021 passed in Criminal Misc. Application No. 17374 of 2020 (Shyam Murari Yadav Vs. State of U.P. and another). The aforesaid order is quoted below:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant with a prayer to issue direction to learned C.J.M., Gorakhpur to release his vehicle Tractor No. U.P.53 CT 7011 along with trolly of the applicant in Case Crime No. 86 of 2018 (State Vs. Shyam Murari) under Section 379, 411 I.P.C. and 4/21 Mines and Minerals Act (Development And Regulation Act, 1957), Police Station- Barhalganj, District- Gorakhpur in the light of the view taken by Hon'ble the Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat, 2003 SC 638.
Learned counsel for the applicant submitted that applicant is the registered owner of the tractor bearing registration No. U.P. 53 CT 7011 which has been seized by the local police in Case Crime No. 86 of 2018, under Section 379, 411 I.P.C., 4/21 Mines and Minerals Act (Development and Regulation Act, 1957), Police Station- Barhalganj, District- Gorakhpur. He has moved an application under Section 451 Cr.P.C. before the Court concerned on 28.03.2018 which is still pending before the Court. He further submitted that more than two years and seven months have elapsed since filing of the said application to release the tractor along with the trolly but despite several dates being fixed, no order has been passed to release the vehicle of the applicant which is causing gross miscarriage of justice.
The only prayer of this application is to issue direction for expeditious disposal of the application moved by the applicant to release his vehicle.
The instant application moved under Section 482 Cr.P.C. is being disposed of with a direction to the Court concerned to make all possible efforts to dispose of the application dated 28.03.2018 moved by the applicant for release of his said vehicle as expeditiously possible in accordance with law."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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 months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Swati