Smt. Pushpa Upadhyay vs Shri Sureshrao A. Kulkarni, ...
2023 Latest Caselaw 5303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 916 of 2023
 
Applicant :- Smt. Pushpa Upadhyay
 
Opposite Party :- Shri Sureshrao A. Kulkarni, Senior Superintendent Of Police, Kanpur Nagar
 
Counsel for Applicant :- Rajesh Kumar Singh,Shubham Dwivedi
 
Hon'ble Vikas Budhwar,J.

Heard Sri Shubham Dwivedi, learned counsel for the applicant-petitioner.

The present contempt petition has been filed alleging non-compliance of the judgment and order dated 09.12.2021 passed in Criminal Misc. Writ Petition No. 1177 of 2021 Pushpa Upadhyay Vs. State of U.P. It has been contended by the applicant-writ petitioner that despite the fact that the service of the order dated 09.12.2021 passed in Criminal Misc. Writ Petition No. 1177 of 2021 Pushpa Upadhyay Vs. State of U.P. has been made to the opposite party on 27.06.2022. The opposite party despite receipt has not complied with the judgment and order of the Writ Court.

Prima facie contempt is made out for punishing the opposite party for willful disobedience of the judgment and order passed in the aforesaid writ petition. However, no notice is being issued to the opposite party at the stage.

The opposite party is granted six weeks' further time to comply with the order dated 09.12.2022 passed in Criminal Misc. Writ Petition No. 1177 of 2021 from the date of the presentation of the certified copy of the order.

The applicant shall supply stamp registered envelop addressed to the opposite party and another self addressed envelop to the office within two weeks from today. The office shall send a copy of the order along with the slip addressed envelop of the applicant with a copy of the contempt application to the opposite party within one week thereafter and keep on record thereof. The opposite party shall comply with the directions of the Writ Court and intimate applicant the order through self addressed envelop within a week thereafter.

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

With the aforesaid observation this contempt application is finally disposed of at this stage.

Order Date :- 16.2.2023/Rajesh