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Calcutta High Court (Appellete Side)

Deepak Khuntia @ Deepak Kumar Khuntia & ... vs Partha Sarathi Haldar & Ors. ... ... ... ... on 9 July, 2018

Author: Protik Prakash Banerjee

Bench: Protik Prakash Banerjee

Form of Rule Nisi (Contempt)
        (Form No.1)                                                                       CPAN 519 of 2018
                                                                                                  in
                                                                                           C.R.R. 1251 of 2018
            No.37


                                          HIGH COURT AT CALCUTTA
                                                 Appellate Side
                                              (Special Jurisdiction)
District : Howrah
                                                 CPAN 519 of 2018


In the matter of :        Deepak Khuntia @ Deepak Kumar Khuntia & Anr. . ...               ...         ...
         ...Petitioners

                                            Versus

                                 Partha Sarathi Haldar & Ors.          ... ... ...               ...Contemnor-
respondent(s)

For Petitioner(s): Mr. Sudipto Moitra Ms. Rajshree Kajuria Mr. Somopriyo Chowdhury Mr. Satadeep Bhattacharyya Mr. Saptarshi Mukherjee Noting by Officer or Serial Date Office notes, reports, orders or proceedings with signatures.

     Advocate             No.
                        6        9.7.2018

UPON READING a petition of Deepak Khuntia @ Deepak Kumar Khuntia and Navneet Ghidia @ Navneet Giddia and their affidavit of verification thereof, dated 20th June, 2018 and the exhibits or annexures to the said petition and upon hearing Mr. Moitra, learned Advocate for the petitioners IT IS ORDERED that a Rule do issue calling upon the alleged contemnors-respondents Nos. 1 and 2, namely Partha Sarathi Haldar and Srimanta Hazra as mentioned in the contempt application (CPAN 519 of 2018) to show cause why they should not be committed to prison or otherwise penalized or dealt with for willful, deliberate and contumacious violation of the order dated 25th May, 2018 passed by the Hon'ble Justice Protik Prakash Banerjee in C.R.R. 1251 of 2018 (Deepak Khuntia @ Deepak Kumar Khuntia & Anr. Versus State of West Bengal & Anr.), by the respondents/contemnors especially Partha Sarathi Haldar the Officer in Charge, Jagatballabpur Police Station (respondent no. 1), and Srimanta Hazra S.I. of Jagatballavpur Police Station inter alia committing the following acts:

(a) The respondent Nos. 1 and 2 have willfully and deliberately not taken any steps in due compliance with the order dated 25th May, 2018 passed by the Hon'ble Justice Protik Prakash Banerjee in C.R.R. No. 1251 of 2018;
(b) The respondent Nos. 1 and 2 have willfully and deliberately acted in gross violation of the interim order referred above and have not either released the articles illegally seized (pursuant to the impugned order of search warrant dated 17.05.2018) nor have withdrawn the illegal survelliance on the factory premises of the petitioners;;.

The Rule is made returnable on October 1, 2018. On the returnable date, IT IS ORDERED the alleged contemnors- respondents Nos. 1 and 2 as aforesaid shall appear personally before this Court at 10.30 a.m. and shall not leave Court without permission. Let the Rule be served personally on the alleged contemnor-respondents at the cost of the applicants.

Requisites be put in within seven days.

(Protik Prakash Banerjee,J.)