Allahabad High Court
Krishna Kumar vs Abdul Quaiyum, The Iii Additional ... on 7 February, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 851 of 2020 Applicant :- Krishna Kumar Opposite Party :- Abdul Quaiyum, The Iii Additional District And Session Judge Counsel for Applicant :- Shailesh Verma 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 10.06.2019 passed in Application U/s 482 No.17347 of 2019 (Krishna Kumar v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Shri Shailesh Verma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482, Cr.P.C. has been filed with the request to quash the impugned order dated 20.2.2019 passed by the District and Session Judge, Basti in Misc. Criminal Complaint Case No.14/12/2019 under Section 340 read with 195, Cr.P.C. for the offence under Sections 181, 193, 196, 197, 198, 199, 200, 209, 471, 420, 466, 467, 468, 474, 475, 120B, IPC, P.S. Kotwali, District Basti (Krishna Kumar Vs. Chandra Bhushan Mani Tripathi and others) by which learned trial court has kept the application under Section 340, Cr.P.C. to be disposed of at the time of the merit of Civil Appeal No.90/2018.
The contention of the learned counsel for the applicant is that the evidence, which is filed in the appeal by the opposite party, was forged, fabricated and manipulated and therefore, by invoking Section 340, Cr.P.C. he wanted that some action may be taken against the opposite party.
Learned A.G.A. has vehemently opposed the prayer of the learned counsel for the applicant.
From the perusal of the impugned order it appears that one application under Section 340, Cr.P.C. was given in Civil Appeal No.90/2018, which is pending before the learned trial court. The learned trial court took a view that the application under Section 340, Cr.P.C. will be considered at the time of disposal of the appeal on merits and at that time it will be seen whether the alleged documents were forged or fabricated or not.
Considering the fact that still the matter is pending before the learned trial court and no final order has yet been passed, I do not find it to be appropriate case for interference in the impugned order.
It has been requested by learned counsel for the applicant that a direction may be issued to the learned appellate court for expeditious disposal of the appeal.
In view of the request made by learned counsel for the applicant, it is expected that the Civil Appeal No.90/2018 be disposed of preferably by the learned trial court within six months.
With this observation, this application is disposed of."
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.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within three weeks 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 :- 7.2.2020 SP/