Allahabad High Court
Vimla Devi vs Smt. Poonam Singh, Chief Judicial ... on 27 April, 2022
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- CONTEMPT APPLICATION (CIVIL) No. - 834 of 2022 Applicant :- Vimla Devi Opposite Party :- Smt. Poonam Singh, Chief Judicial Magistrate, Ambedkar Nagar Counsel for Applicant :- Vikas Verma,Nishi Chaudhary Hon'ble Alok Mathur,J.
1. Heard Sri Vikas Verma, learned counsel for applicant.
2. Learned counsel for applicant submits that by means of order of the writ court dated 25.01.2021 passed in Misc. Case No. 289 of 2021 (Under Section 483 Cr.P.C.) , this Court had directed the trial court to decide the trial expeditiously preferably within a period of one year form the date a certified copy of that order is produced before it.
4. According to the order-sheet annexed by the applicant, the case was listed on 01.02.2021, 11.02.2021, 23.02.2021 and lastly on 06.03.2021.
5. It is noticed that on 23.02.2021, bailable warrants has been issued to secure appearance of the accused but it seems that he did not appear before the trial court.
6. Considering the order-sheet, it cannot be said that efforts are not being made to conclude the trial and needless to say that in absence of the accused the trial cannot proceed. the trial court has also issued bailable warrants to secure the appearance. It is also noticed that the case was listed on 06.03.2021 but on the said date, the lawyers were abstaining from work and again on that date due to non-appearance of the accused orders were passed to secure his appearance.
7. In light of the above, it cannot be said that respondents are willfully and deliberately disobeyed the order of the writ court.
8. In light of the observations made above, the contempt petition is dismissed.
9. Despite dismissal of the contempt petition, the court below is under an obligation to decide the case expeditiously without giving unnecessary adjournments.
(Alok Mathur, J.) Order Date :- 27.4.2022 Ravi/