Madhya Pradesh High Court
Rahul Khatik vs Shri Rudolf Alvares on 26 August, 2019
Author: Sheel Nagu
Bench: Sheel Nagu
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THE HIGH COURT OF MADHYA PRADESH
Conc. No.1994/2019
(Rahul Khatik and another VS. Rudolf Alvares and another)
Gwalior, dated: 26.08.2019
Shri Rajiv Shrivastava, learned counsel for the petitioners.
Present petition alleges non-compliance of the final order
dated 06.12.2018 passed in W.P. No.26903/2018 where this Court
had passed following directions:-
"An admission has been made by the petitioner
that he had suggested his daughter to leave Dabra but
it is his contention that, that suggestion was not in the
form of threat. Under Section 506 (Part-II) of IPC
extending a threat to life is also an offence but without
entering into this controversy that whether an offence
has been committed by the petitioner or not, it is
directed that in case, if any hurdle or nuisance is
created by the petitioner in the life of his daughter and
if any application is made by the corpus or her
husband to the Superintendent of Police, Gwalior
complaining about the threat or action of the
petitioner, then Superintendent of Police, Gwalior
shall immediately take serious action in the matter and
he is expected that he would not deal with the matter
in a casual manner.
With aforesaid observation, the petition is finally
disposed of."
From the above, it is clear that aforesaid direction was to
S.P. Gwalior whereas petitioner's grievance is that in respect of
FIR lodged by father of petitioner No.2 at Datia, police is trying to
adopt coercive steps against petitioners who have entered into
wedlock with their own volition.
In the contempt petition, the Court has to see that it's
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direction has been complied with or not and if not, then what
coercive steps can be taken under the contempt jurisdiction.
In the present case it is alleged that S.P. Gwalior has
violated the direction passed by this Court on 06.12.2018. Order
dated 06.12.2018 does not contain any direction to S.P. Bhind but
only to S.P. Gwalior, therefore, no case arises to initiate contempt
proceedings against S.P. Bhind.
Consequently, present petition stands dismissed with liberty
to petitioner to approach appropriate forum.
(Sheel Nagu)
Judge
SS
SATEESH
KUMAR SEN
2019.08.28
10:50:34 -07'00'