Allahabad High Court
Kamlesh Chandra Maurya And Others vs Neetu Maurya And Another on 3 October, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:68238 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3877 of 2024 Applicant :- Kamlesh Chandra Maurya And Others Opposite Party :- Neetu Maurya And Another Counsel for Applicant :- Prahlad Maurya,Anam Som Ratna Maurya Hon'ble Rajeev Singh,J.
1. Heard.
2. The instant contempt application has been filed by the applicants alleging disobedience of the order dated 25.01.2022 passed by this Court in Application under Section 482 Cr.P.C. No. 284 of 2022.
3. Learned counsel for the applicants submits that marriage of applicant no.1 was solemnised with respondent no.1. The applicant no.1 facilitated to respondent no.1 for her studies as well as for preparation for competitive preparation. Thereafter, she was selected as Junior Assistant in District Court, Ayodhya. Later on, she started victimizing applicant no.1, as a result, matrimonial dispute was arisen between them and several proceeding are pending between applicant no.1 and respondent no.1.
It is further submitted that respondent no.1 lodged criminal case against applicant no.1 and other family members also and the same was challenged before this Court in Application under Section 482 Cr.P.C. No. 284 of 2022, in which, proceedings of Crl. Case No. 14919 of 2020 (State vs. Kamlesh Chandra Maurya and others) arising out of Case Crime No. 658 of 2019 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Kotwali Nagar, District- Ayodhya was stayed vide order dated 25.01.2022.
4. The order 25.01.2022 passed inApplication under Section 482 Cr.P.C. No. 284 of 2022 is as under:-
"Heard learned counsel for petitioners and learned AGA appearing on behalf of State-respondent no.1.
Issue notice to respondent no.2, returnable at an early date.
Petition under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.14919 of 2020 "State versus Kamlesh Chandra Maurya and others" arising out of Case Crime No.658 of 2019, under Sections 498-A, 323, 504, 506 IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya, impugned bailable warrant orders dated 02.09.2021, 02.04.2021 as well as impugned summoning order dated 23.12.2020 as well as impugned charge-sheet dated 24.08.2020.
Learned counsel for petitioners submits that the petitioner no.1 is the husband of respondent no.2 complainant who has lodged FIR against the petitioners under the aforesaid Sections. It is submitted that only general and vague allegations have been made against the petitioners in the FIR. It is further submitted that since the opposite party no.2 is an employee in the Civil Court concerned, she is exerting undue pressure upon petitioners due to which also mediation between the parties has failed in the court below. It is submitted that petitioners are always ready and willing to cooperate in the proceeding.
Prima facie, submissions advanced by learned counsel for petitioners have force and make out a case for grant of interim relief.
For the said purpose, respondents are granted three weeks' time to file their counter affidavits.
List on 24.02.2022 along with service report.
Till the next date of listing, the proceedings of Criminal Case No.14919 of 2020 "State versus Kamlesh Chandra Maurya and others" arising out of Case Crime No.658 of 2019, under Sections 498-A, 323, 504, 506 IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya, impugned bailable warrant orders dated 02.09.2021, 02.04.2021 as well as impugned summoning order dated 23.12.2020 as well as impugned charge-sheet dated 24.08.2020 shall remain stayed."
5. It is further submitted by learned counsel for the applicant that the aforesaid order was placed before this Court on 05.05.2022, but the same was not taken on record. The aforesaid application as well as certified copy of the order of this Court is still in paper-book of the Subordinate Court, but cognizance was not taken by the trial Court on the order passed by this Court. As a result, the said document was hidden by respondent no.2 with collusion of respondent no.1.
It is next submitted that as warrant was issued by learned trial Court, the applicant was taken into custody on 09.08.2024. Thereafter, as the aforesaid order passed by this Court was placed before learned trial Court, the applicant was released forthwith.
It is lastly submitted that respondent no.2 - Ashok Srivastava, peshkar of Chief Judicial Magistrate, Ayodhya committed contempt by hiding order passed by this Court, which was available on record, with collusion of respondent no.1, therefore, the respondents be summoned and punished accordingly.
6. Considering the contents of the order passed by this Court in the aforesaid petition, it is evident that criminal proceeding was initiated by respondent no.1, who is wife of applicant no.1 and working as Junior Assistant in Civil Court, Ayodhya. The said proceeding was challenged before this Court and the same was stayed vide order dated 25.01.2022.
As per pleading as well as documents annexed with the contempt application, the aforesaid order passed by this Court was placed before the trial Court, but the same was not endorsed and it was not mentioned in the order-sheet, as a result, warrant was issued.
7. Therefore, the contempt application is disposed of with liberty to the applicant to move application before District and Sessions Judge, Ayodhya within a period of one month. In case, any such complaint/application is made, District and Session Judge, Ayodhya is directed to constitute a committee for inquiry and shall take necessary action against the arraying officers.
Order Date :- 3.10.2024 Arpan