Kedarnath Gupta vs Shri Rajesh Singh Chandel
2021 Latest Caselaw 476 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     Conc. No.1370/2020
      (KEDARNATH GUPTA VS. SHRI RAJESH SINGH CHANDEL &
                           ANR.)

Gwalior dtd. 04/03/2021
      Shri S.S.Kushwah, learned counsel for the petitioner.

      Shri Nitin Agrawal, learned counsel for the respondents.

Heard finally, through video conferencing.

This contempt petition under Article 215 of the

Constitution of India read with Section 10 and 12 of the

Contempt of Courts Act, 1971 has been filed complaining the

non compliance of order dated 23/09/2016 passed in

W.P.No.6694/2016, by which the following direction was given:-

"Being aggrieved by the in-action of the police authorities on the complaints Annexure P/2 and P/3 lodged against the respondents No.4 to 8, this petition has been preferred by the petitioner.

After hearing learned counsel for the petitioner and looking to the allegations, as alleged, in my considered opinion, no direction can be issued to the respondents authorities except to observe that Superintendent of Police, District Shivpuri will examine the matter in the light of the judgment rendered in the case of Lalita Kumari Vs. Govt. of U.P. (2008) 14 SCC 337 and if it is found that cognizable offence is made out then the offence be registered against the respondents no.4 to 8, otherwise assigning the reasons appropriate order be passed within a period of two months."

It is submitted by the counsel for the contemnor that in

compliance of the order passed by this Court, the complaint was

considered in detail and it has been found that the

allegation/information do not disclose commission of cognizable

offence.

In view of the observation made by this Court in order

dated 23/09/2016 passed in W.P.No.6694/2016, this Court is of

the considered opinion that nothing remains to be decided in this

contempt petition.

Accordingly, it is dismissed as infructuous with liberty to

the petitioner that in case, if he so desires, then he may avail

every alternative remedy, which may be available to him under

the provisions of Cr.P.C.

                                                                (G.S.Ahluwalia)
Pj'S/-                                                              Judge

         PRINCEE
         BARAIYA
         2021.03.05
         12:22:06 -08'00'