Natthi vs Sunil Kumar Singh, S.D.M.
2013 Latest Caselaw 931 ALL

Citation : 2013 Latest Caselaw 931 ALL
Judgement Date : 15 April, 2013

Allahabad High Court

Natthi vs Sunil Kumar Singh, S.D.M. on 15 April, 2013

Bench: Sunita Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1802 of 2013
 

 
Petitioner :- Natthi
 
Respondent :- Sunil Kumar Singh, S.D.M.
 
Petitioner Counsel :- Uma Nath Pandey
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the applicant.

Learned counsel for the applicant is permitted to implead the present SDM, Sikandrabad, District Bulandshahar as one of the respondents during course of the day.

This contempt application has been filed for alleged non-compliance of order dated 17.3.2011 passed by this Court whereby a direction was issued to the SDM, Sikandrabad, District Bulandshahar to decide the application dated 19.6.2010 filed by the applicant under Section 146(1) Cr.P.C. in case no. 1 of 2011 pending in his Court.

Learned counsel for the applicant has brought on record the order sheet of case no. 1 of 2011 and has submitted that by the order dated 8.9.2011 the then SDM instead of complying with the direction given by this Court had consigned the application to record on the ground that no evidence was produced under Section 145(1) Cr.P.C.

He further drew attention of the Court to the order dated 7.3.2013 passed by the reivisional court whereby the order dated 8.9.2011 passed by the then SDM, Sikandrabad, District Bulandshahar was set aside and further direction was given to decide the application under Section 146(1) Cr.P.C. at the earliest in compliance of the directions of this Court.

Learned counsel for the applicant submits that present SDM in his reply to the explanation submitted that he took charge only on 11.1.2013 and therefore may not be held responsible for the act of his predecessor.

Considering the facts and circumstances of the case, opposite party no. 2 i.e. the present SDM is directed to comply with the order dated 17.3.2011 within a period of three weeks from the date a certified copy of this order is produced before him.

Applicant shall supply certified copy of the order passed today as also the order dated 17.3.2011 passed in application under Section 482 Cr.P.C. before opposite party no. 2 within ten days.

List on 10th July, 2013.

Order Date :- 15.4.2013

P.P.