Allahabad High Court
Shivram Singh vs State Of U.P. And 3 Ors. on 29 November, 2017
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 44770 of 2017 Petitioner :- Shivram Singh Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Satya Prakash Sharma,Manu Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
This Court by order dated 3.11.2017 required the second respondent to file counter affidavit within 10 days failing which he was required to remain personally present before this Court on the next date. On 13.11.2017, when the matter was taken up, it transpired that the second respondent was not present personally but Supply Inspector was deputed by him to attend the proceedings. The Court taking serious notice of the said fact, directed the second respondent to remain present personally to show cause as to why charges be not framed against him for committing contempt of the Court's order dated 3.11.2017.
Today, when the matter is taken up, the second respondent is present personally. He has filed an application seeking exemption of his personal appearance on future dates. In the affidavit filed in support of the application, the second respondent has explained the cause for not being able to file counter affidavit and also why he could not personally remain present before this Court on 13.11.2017.
After perusing the affidavit, this Court finds the cause shown to be sufficient. Accordingly, this Court refrains from initiating contempt proceedings against the second respondent. The personal appearance shall also remain exempted on future dates unless ordered otherwise.
Learned Standing Counsel informs that a counter affidavit was filed on 24 November 2017, which is not on record.
Office is directed to trace out the counter affidavit and place it on record.
Since counsel for the petitioner has sent illness slip today, therefore, the matter is adjourned.
List after two weeks. In the meantime, rejoinder affidavit be filed by the petitioner.
(Manoj Kumar Gupta, J.) Order Date :- 29.11.2017 skv