Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 397 of 2018 Applicant :- Vinay Opposite Party :- Arti Soni, Sho And Anr Counsel for Applicant :- Rajesh Kumar Dubey
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri K.R. Singh, the learned Additional Chief Standing Counsel, who has appeared on instructions.
In a writ petition preferred by the applicant and two others, an interim order was passed on 7 July 2017 providing that no coercive steps shall be taken against the petitioners therein. This order was passed since the Court had referred the matter to the Mediation Center. The allegation in this petition is that the applicant despite the passing of the order by the High Court was arrested on 8 July 2017. Additionally, it has been averred that a notary affidavit was submitted before the concerned S.H.O. on 7 July 2017 apprising him of the passing of the order but no heed was paid to the same.
Sri K.R. Singh, the learned Additional Chief Standing Counsel has on instructions submitted that although it is alleged by the applicant that such an Affidavit was tendered the case of the opposite parties is that they were never informed of the passing of the order of the High Court or provided a copy thereof. He has further drawn the attention of the Court to the fact that in the bail application which was moved by the applicant on 8 July 2017 also this fact was neither disclosed nor was a copy of the Affidavit filed. Upon rejection of the said bail application, the applicant had moved the Sessions Court on 10 July 2017 for grant of bail. Even in this application neither the factum of an order having been passed was disclosed nor was a copy of the said Affidavit annexed therewith. It was only, according to Sri Singh, on 25 July 2017 when the applicant for the first time produced a copy of the order of the High Court and whereafter he was released forthwith.
In light of the aforesaid facts, this Court finds itself unable to hold that the opposite parties are in contempt.
The petition is disposed of.
Order Date :- 27.2.2018 Arun K. Singh