Allahabad High Court
Sanjeev vs Shri Pawan Kumar Rai, Additional ... on 5 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:19858
Court No. - 51
Case :- CONTEMPT APPLICATION (CIVIL) No. - 8311 of 2023
Applicant :- Sanjeev
Opposite Party :- Shri Pawan Kumar Rai, Additional Session Judge/F.C.T.
Counsel for Applicant :- Dinesh Kumar Mishra
Hon'ble Vikas Budhwar,J.
Supplementary affidavit filed today is taken on record.
The present contempt petition has been preferred alleging non-compliance of the order dated 12.10.2022 passed in application U/S 482 No. 32479 of 2022 whereby quashing was sought with respect to the proceedings of Sessions Trial No. 320 of 2021 arising out of Case Crime No. 940 of 2020 (State Vs. Sanjeev) under Sections 366, 376, 328, 323, 504, 506, 494, 419, 467, 468, 471, I.P.C. Police Station Baghpat, District Baghpat pending before the learned Additional District Judge/FTC-1 District Baghpat as well as the charge sheet dated 29.5.2021 wherein a direction was issued until further orders no coercive action shall be taken against the applicant in the said case. As per the pleadings on 17.10.2023 the opposite party issued non-bailable warrants against the applicant. This Court in the present proceedings on 17.11.2023 required instructions from the opposite party. Instructions have been provided under the signatures of Additional District & Sessions Judge Fast Track Court No. 1, Baghpat dated 5.1.2024 according to which in the said proceedings various dates were fixed by the court below, post passing of the interim order dated 12.10.2022 in the application U/S 482 bearing No. 32479 of 2022 dates were fixed on 14.10.2022, 31.10.2022 and 19.11.2022 and further orders were passed. In the instructions it has been asserted that despite the fact that six months' period had come to an end so on 3.7.2023 applicant was required to submit documents regarding extension of the order and dates were fixed on 6.7.2023, 14.7.2023, 21.7.2023, 25.7.2023, 3.8.2023, 9.8.2023, 28.8.2023, 4.9.2023, however, the applicant did not submit any proof of extension of interim order. Thereafter on 11.9.2023 detailed orders were passed in the light of the judgment in the case of ASIAN RESURFACING Of Road Private Agency Vs. CBI. Since no document was submitted regarding extension of the interim order so on 7.10.2023 non-bailable warrants have been issued.
Sri Dinesh Chandra Mishra, learned counsel for the applicant submits that in the said proceedings on 29.11.2022 a stay vacation application has been filed by the opposite parties and a stay extension application has been preferred on 28.10.2023, however, the same has not been taken up, he has also invited the attention of the Court towards page 10 of the supplementary affidavit so as to contend that challenging the order dated 7.10.2023 issuing non-bailable warrants an application under Section 482 No. 42802 of 2023 has been preferred which has been connected with the pending application U/S 482 No. 32479 of 2022.
Having heard the learned counsel for the applicant I am of the opinion that no case of wilful or deliberate disobedience of the order of this Court has been made out as the court below has proceeded after giving sufficient opportunity and in the light of the judgment in the case of ASIAN RESURFACING (supra), moreover, the applicant has already challenged the order dated 7.10.2023 in application U/S 482 No. 42802 of 2023 which is pending before this Court, thus, the present contempt petition is consigned to record.
Leaving it open to the applicant to take legal recourse as available and advisable in the said proceedings which are pending before this Court.
Order Date :- 5.2.2024
Rajesh
