Allahabad High Court
Sudhir Kumar Srivastava vs Alok Kumar Mukherjee,The Then ... on 20 January, 2020
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 1213 of 2019 Applicant :- Sudhir Kumar Srivastava Opposite Party :- Alok Kumar Mukherjee,The Then Sr.Registrar Of Hon'Ble High C Counsel for Applicant :- Jyotinjay Verma Counsel for Opposite Party :- Gaurav Mehrotra Hon'ble Abdul Moin,J.
Heard Sri Jyotinjay Verma, learned counsel for the applicant and Sri Gaurav Mehrotra, learned counsel, to whom notice had been given by this Court vide order dated 17.10.2019.
Present contempt petition has been filed alleging contempt of the order dated 10.05.2013 passed by this Court in Contempt Petition No.695 (C) of 2013 in re: Mahesh Chandra Shukla vs. Achal Mishra, Basic Shiksha Adhikari and another. For the sake of convenience, the order dated 10.05.2013 is reproduced below:-
"While proceedings in this case was going on, one Sri Krishna Kumar Pandey, Finance and Accounts Officer (Basic), District Ambedkar Nagar, who was present and whose matter (Criminal Misc. Case No. 688 (C) of 2013) was just now decided, rushed inside the Court crying and weeping and shouted that he has been beaten outside the Court and his spectacles have also been damaged.
Registrar is directed to take appropriate steps of his safety and protection and lodge First Information Report against the erring persons. It shall be ensured that investigation in the matter shall be completed expeditiously, and, in any case within 15 days and the report shall be produced before this Court.
Since outside the Court, Advocates have created an unwanted and unruly scene, and Registrar has not made proper arrangement for smooth functioning of this Court, this Court has no option but to rise."
Learned counsel for the applicant submits that subsequent to the order dated 10.05.2013, the respondent/contemnor had sent a letter dated 10.05.2015, a copy of which is Annexure-2 to the petition, to the Senior Superintendent of Police, Lucknow. Thereafter, another letter dated 14.05.2013 had been sent by the respondent/contemnor to Senior Superintendent of Police, Lucknow, a copy of which is Annexure-1 to the supplementary affidavit dated 14.08.2019.
Learned counsel for the applicant contends that once this Court vide order dated 10.05.2013 had directed the Registrar to take appropriate steps for safety of one Sri Krishna Kumar Pandey, Finance and Accounts Officer (Basic), who had been allegedly beaten up outside the Court and had directed for lodging of a first information report against the erring persons and that the investigation was to be completed within 15 days then the Registrar while sending the letter dated 10.05.2013 had issued certain additional directions which are not contemplated in the order dated 10.05.2013 and consequently the respondent has committed contempt of Court.
Having heard learned counsel for the applicant and having perused the records, what comes out is that this Court while hearing a contempt matter had faced a situation wherein one Sri Krishna Kumar Pandey had rushed inside the Court weeping and shouting that he has been beaten outside the Court and his spectacles have also been damaged. In this view of the matter, the Court vide order dated 10.05.2013 directed the Registrar to take appropriate steps for safety/protection of Sri Krishna Kumar Pandey and for lodging of a first information report against the erring persons. In pursuance thereof, the respondent through his letter dated 10.05.2013 addressed to the Senior Superintendent of Police, Lucknow had required the Senior Superintendent of Police, Lucknow while sending Sri Krishna Kumar Pandey along with his complaint to get a first information report lodged immediately and to ensure that the matter is investigated by some officer not below the rank of Additional Superintendent of Police and take necessary action. Subsequently thereto, the said letter was followed by another letter dated 14.05.2013 whereby noticing that the first information report had already been lodged in pursuance to the directions of this Court, the respondent required the Senior Superintendent of Police, Lucknow, to take necessary action in accordance with the directions of the Court and relevant provisions of Criminal Procedure Code at the earliest and to direct the concerned Investigating Officer to get the matter investigated expeditiously well within 15 days in terms of the directions given by this Court.
Merely because a first information report had been lodged which according to him has been lodged in a malicious manner would not, in the opinion of the Court, enable him to approach this Court by way of a contempt petition. The Court finds that the letters that had been issued by the respondent dated 10.05.2013 and 14.05.2013 were issued in purported compliance of the directions issued by this Court vide order dated 10.05.2013.
In this view of the matter, there is no occasion for entertaining the present contempt petition. The contempt petition is accordingly dismissed.
Order Date :- 20.1.2020 A. Katiyar