Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6351 of 2019 Applicant :- Thakur Prasad Opposite Party :- Mr. Ramesh, S.P.
Counsel for Applicant :- Rajpal Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 6.5.2019 passed in Criminal Misc. Writ Petition No. 12053 of 2019 filed by the applicant, the Court directed as under:
"Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent nos. 2 and 3 for fair investigation pursuant to the first information report registered in case Crime No. 83 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., police station Bindki, district Fatehpur.
It is submitted by the learned counsel for the petitioner that a first information report has been lodged on 30.3.2018 against named accused person who had impersonated the informant and taken loan on the land of the petitioner but no action has been taken by the police till date. Now the complainant/petitioner is facing untold hardship at the hands of the accused persons who are roaming freely and it is their audacity that they are not cooperating with the investigation rather extending threat to the life and liberty of the petitioner, as such the respondent no. 2 may be directed to ensure that the investigation in the case be concluded expeditiously in a fair and impartial manner.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Considering the facts and circumstances of this case, it is provided that the Superintendent of Police, Fatehpur, respondent no. 2, shall look into the matter and shall ensure that the investigation be carried out in a fair and impartial manner and be concluded at the earliest preferably within three months from the date of production of a certified copy of this order.
With the aforesaid direction, this writ petition is disposed of."
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 months 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 :- 27.9.2019 Jaswant