Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4653 of 2021 Applicant :- Suryabhan Singh Opposite Party :- Sachin Yadav,Executive Engineer Counsel for Applicant :- Sushil Kumar
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 10.02.2021 passed in Criminal Misc. Writ Petition No. 1370 of 2021 (Suryabhan Singh Vs. State of U.P. and 3 Others), which for ready reference is quoted as under:-
"Sri Sushil Kumar Rathore, learned counsel for the petitioner, Sri J.K. Upadhyay, learned A.G.A. for the State respondents and Sri Baleshwar Chaturvedi, learned counsel for Power Corporation.
This writ petition has been filed seeking quashment of FIR dated 10.1.2019 lodged against the petitioner in respect of Crime No.10 of 2019 for the offence under Section 135 of Indian Electricity (Amendment) Act, 2003, P.S. Mangalpur, District Kanpur Dehat.
Counsel for the Electricity Board submits that there is a provision for compounding under Section 152 of the Electricity Act and petitioner can very well approach the concerned authority.
Counsel for the petitioner submits that he would approach the concerned authority but the said authority be directed to consider the case of the petitioner sympathetically from all angles and not to harass the petitioner.
Considering the facts and circumstances of the case, the petition is disposed of directing the petitioner to appear before the concerned authority along with a detailed representation and in turn, the concerned authority shall decide the matter within a month from the date of production of a copy of this order, considering all the aspects of the case.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) 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 made a declaration of such verification in writing. "
Learned counsel for the applicant submits that a 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 copy of this order.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with 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 :- 25.10.2021 Swati