Prabhakar Tiwari vs Shri Arvind Kumar Singh, S.D.M.
2021 Latest Caselaw 7016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2076 of 2021
 

 
Applicant :- Prabhakar Tiwari
 
Opposite Party :- Shri Arvind Kumar Singh, S.D.M.
 
Counsel for Applicant :- Jitendra Kumar Tripathi,Satish Kumar Tiwari
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri S.K. Tiwari, learned counsel for the applicant.

The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 18.01.2021 passed by this Court in Criminal Misc. Writ Petition No. 16192 of 2020 (Prabhakar Tiwari vs. State of U.P. and others).

It is contended that proceedings under Section 145 Cr.P.C. are pending before the SDM, Tehsil Budhanpur, District Azamgarh. The applicant has approached this Court for early disposal of the said proceedings. On 18.01.2021, this Court by disposing of the writ petition had expected the opposite party/SDM to dispose of the said proceedings within a period of six weeks. It is further contended that copy of the order was served upon the opposite party on 23.01.2021 followed by reminder dated 27.01.2021. It is contended that despite the said fact, the proceedings in question are still pending.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 18.01.2021 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 18.01.2021 passed by this Court in Criminal Misc. Writ Petition No. 16192 of 2020 from the date of production of a self verified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed 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 the order through the self-addressed envelop within a week thereafter.

In case, the opposite party does not comply with the order, it would be open to the applicants to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 5.7.2021

Shekhar