Allahabad High Court
Vineet Kumar Rastogi vs Vishnu Prasad Agrawal, A.D.J. ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4774 of 2019
Applicant :- Vineet Kumar Rastogi
Opposite Party :- Vishnu Prasad Agrawal, A.D.J. Fast Track Court
Counsel for Applicant :- Krishna Kumar Patel
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 opposite parties for wilful disobedience of the order dated 19.09.2018 corrected on 14.11.2018 passed in Application U/s 482 No.31476 of 2018 (Vineet Kumar Rastogi v. State of U.P. & Ors.). For ready reference the orders dated 19.09.2018 and 14.11.2018 are quoted as under:-
"19.09.2018
Heard learned counsel for the applicant, learned AGA and perused the record.
The only prayer sought by the learned counsel for the applicant to expedite the S.T. No. 188 of 2004 arising out of Case Crime No. 53/2004, P.S. Kotwali Gorakhpur, District Gorakhpur which is pending before FTC-1, Gorakhpur.
It is submitted by the learned counsel for the applicant that all the witnesses have been examined and their statement has also been recorded, therefore, the matter is right for final argument.
Keeping in view the matter, the application is accordingly disposed off with a direction to the opposite party no. 2 to adjudicate and decide the aforesaid interim/application by a speaking and reasoned order by 31.12.2018 in accordance with law."
"14.11.2018
Re: Criminal Misc. (Correction) Application No. 1 of 2018.
Heard learned counsel for the applicant and learned AGA for the State.
The correction application is allowed and the order dated 19.09.2018 is corrected as follows:
In the second line of fourth paragraph of the order dated 19.09.2018, the words and number "opposite party no. 2" shall be deleted and in it's place words "court below" as well in the third line of the same paragraph the words "interim/application" be deleted and in its place S.T. No. 188 of 2004 (State v. Arvind Gupta and others) shall be read.
This order shall be treated as part of the order dated 19.09.2018
A certified copy of this order shall be issued along with copy of order dated 19.09.2018."
Learned counsel for the applicant submits that a certified copy of the aforesaid order 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 and decide the proceeding in question within two months from the date of production of a certified copy of this order and if necessary day to day hearing may also be ensured in the matter.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week 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 record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of 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.
Order Date :- 1.8.2019
SP/
