Sudarshan Chauhan vs Om Prakash Singh,Superintendent ...
2021 Latest Caselaw 7120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1668 of 2021
 

 
Applicant :- Sudarshan Chauhan
 
Opposite Party :- Om Prakash Singh,Superintendent Of Police And Another
 
Counsel for Applicant :- Ajai Kumar Singh Kushwaha
 

 
Hon'ble Rohit Ranjan Agarwal,J. 

Despite successful Video Link having been sent, no one appeared on behalf of applicant.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 10.12.2020 passed by this Court in Criminal Misc. Writ Petition No.15069 of 2020 (Sudarshan Chauhan vs. State of U.P. and others).

From the record, it reveals that vide order dated 10.12.2020, this Court directed the Investigating Officer i.e. opposite party no.2 to conclude the investigation within a period of three months. The said order was communicated to the opposite party no.2 through registered post on 14.12.2020. Copy of the receipt of registry has been brought on record as Annexure No.6 to the affidavit to the contempt application, but the said direction has not been complied with by the opposite party no.2 till date.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 10.12.2020 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party no.2 is granted three months further time to comply with the order dated 10.12.2020 passed by this Court in Criminal Misc. Writ Petition No.15069 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 party 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 party 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 applicant to approach this court again.

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

Order Date :- 6.7.2021

SK Goswami