Allahabad High Court
Poonam Devi vs Shri. Ravi Yadav, Additional District ... on 18 September, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5807 of 2019 Applicant :- Poonam Devi Opposite Party :- Shri. Ravi Yadav, Additional District And Session Judge, Ftcii / Family Court Counsel for Applicant :- Jagriti Singh,Ekta Kaur Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 29.10.2018 passed in Criminal Misc. Application u/s 482 No.38085 of 2018 (Poonam Maurya v. State of U.P. & Anr.), which for ready reference is quoted as under:-
"Heard the learned counsel for the applicant and the learned A.G.A.
The present 482 Cr.P.C. application has been filed with a prayer to direct the Additional Sessions Judge/F.T.C. IInd Jaunpur to ensure the strict compliance of the order dated 30.1.2018 passed in Case No. 29 pf 2017( Poonam Vs. Suresh) under section 128 Cr.P.C. P.S. Chandawak district Jaunpur.
It is the submission of the learned counsel for the applicant that after the order passed under section 125 Cr.P.C. on 7.12.2006 and 30.1.2018 the applicant has initiated the proceedings under section 128 Cr.P.C. in accordance with law but the court is not deciding the same.
The court below is directed to conclude the aforesaid proceedings within three weeks from the date a certified copy of this order is produced before it.
The application is disposed of accordingly."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
The Court has proceeded to examine the record in question. As per the ordersheet of the proceeding in question this much is clearly reflected that the Presiding Officer has not taken any interest in deciding the proceeding in question as directed by the order in question and only general dates are being given. The Court finds that admittedly contempt has been made against the opposite party. 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 Court and finalise the proceeding in question within three weeks from the date of production of a certified copy of this order without granting even a single adjournment to either of the parties and if necessary day to day hearing may be ensured in the matter.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop 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 parties within the stipulated time as aforementioned.
Order Date :- 18.9.2019 SP/