Allahabad High Court
Balram Pandey vs Sri Avinash Chandra Gautam, Addl. Civil ... on 17 May, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:37800 Court No. - 8 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2047 of 2024 Applicant :- Balram Pandey Opposite Party :- Sri Avinash Chandra Gautam, Addl. Civil Judge(J.D) Sultanpur Counsel for Applicant :- Anand Kumar Singh Hon'ble Rajeev Singh,J.
1. Case is called out in the revised list. None appears on behalf of the applicant.
2. The instant contempt application has been filed for initiating contempt proceedings against the opposite party/contemnor for wilful disobedience and non-compliance of order dated 17.05.2023 passed in Application U/s 483 Cr.P.C. No. 284 of 2023.
3. The pleading of the applicant reveals that one complaint Case No. 2906 of 2023 under Section 138 of Negotiable Instruments Act, 1881, Police Station- Jaisinghpur, District- Sultanpur was filed before Judicial Magistrate and the same is not being decided, thereafter, Application under Section 483 Cr.P.C. No. 284 of 2023 (Balram Pandey alias Balram vs. State of U.P. and another) was filed with prayer for direction to the Presiding Officer that the aforesaid case be decided expeditiously. He further submits that the aforesaid application was disposed of vide order dated 17.05.2024 with the direction that the aforesaid case be decided expeditiously in accordance with law keeping in view the provisions of Section 143 (3) of N.I. Act, if there is no legal impediment.
4. The order-sheet reveals that non bailable warrant has been issued by the trial court against accused persons but the same has not complied with, thus, the present contempt application is disposed of with liberty to the applicant to file fresh application before the Presiding Officer for expediting the case and also for ensuring the compliance of the order in relation to the non bailable warrant issued against the accused persons.
5. Superintendent of Police, Sultanpur is also directed to ensure that the order of the Presiding Officer be complied with in relation to service of summons as well as non bailable warrants.
Order Date :- 17.5.2024 Arpan