Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3746 of 2019 Applicant :- Vineet Upadhyay Opposite Party :- Upendra Kumar Agarwal , S.S.P. And Another Counsel for Applicant :- Arun Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 22.2.2019 passed in Crl. Misc. Writ Petition No.
4951 of 2019 filed by the applicant, this Court directed as under:
"Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Senior Superintendent of Police, Ghaziabad, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation in the aforesaid case and be concluded within a period of two months from the date of production of a certified copy of this order.
With the above direction, this petition is finally 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 writ 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 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 record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self-
addressed envelope 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 :- 31.5.2019 A.K.Srivastava