Allahabad High Court
Ram Shiromani Pandey vs Sri Satyarath Aniruddh Pankaj, S.S.P. on 1 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6472 of 2019 Applicant :- Ram Shiromani Pandey Opposite Party :- Sri Satyarath Aniruddh Pankaj, S.S.P. Counsel for Applicant :- Santosh Kumar Mishra 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 26.09.2018 passed in Criminal Misc. Writ Petition No.26954 of 2018 (Ram Shiromani Pandey v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri Durga Singh, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent nos. 1 to 3 to conduct fair and impartial in relation to F.I.R. dated 27.12.2016 registered as case crime no. 464 of 2016 under sections 302, 201 I.P.C., police station Meja, District Allahabad.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. on 27.12.2016 for the murder of his son but till date the investigation has not been concluded, hence he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of four weeks from the date of production of a certified copy of this order in accordance with law.
The S.S.P. Allahabad shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands 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 :- 1.10.2019 SP/