Allahabad High Court
Durg Vijay Sharma vs Mr. Vinod Sharma, Chief Judicial ... on 22 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1786 of 2021 Applicant :- Durg Vijay Sharma Opposite Party :- Mr. Vinod Sharma, Chief Judicial Magistrate Counsel for Applicant :- Ajeet Kumar Chaurasiya 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 respondents for disobedience of the order dated 12.02.2021 passed in Application U/s 482 No.3875 of 2021 (Durg Vijay Sharma v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 12.02.2021 is quoted as under:-
"Heard learned Counsel for the applicant and the learned A.G.A. appearing on behalf of the State.
The applicant has come up with a prayer that the Chief Judicial Magistrate, Mau be directed to decide Misc. Application no.528 of 2019, Durg Vijay Sharma vs. Ram Awadh Yadav & others, under Section 156(3) Cr.P.C. within a determinate period of time.
A perusal of the order-sheet relating to the said application, which has been registered on the file of the Chief Judicial Magistrate, Mau as Misc. Case no. (R-528/19), Durg Vijay Sharma vs. Ram Awadh Yadav and others, shows that after the initial order passed on 22.10.2019, there is a mechanical adjournment across thirteen dates from 30.10.2019 to 15.12.2020. Proceedings under Section 156(3) Cr.P.C. are inherently urgent in nature as these seek the Magistrate?s aid in registration of a case and its investigation by the police, where a cognizable offence is disclosed. These applications ought to be disposed of with utmost dispatch.
In the circumstances, the Chief Judicial Magistrate, Mau, before whom Misc. Application no.528 of 2019, Durg Vijay Sharma vs. Ram Awadh Yadav & others, under Section 156(3) Cr.P.C. is pending, is ordered to decide this application within three weeks of receipt of a copy of this order in accordance with law.
This Application is disposed of in terms of the aforesaid orders.
Let this order be communicated to the Chief Judicial Magistrate, Mau through the learned Sessions Judge, Mau by the Joint Registrar (Compliance) within a week."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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 six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed 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 recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.6.2021 A. Pandey