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Shivanand Singh vs Sri. Devendra Nath Dubey, S.P. And … on 15 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 10

Case :- CONTEMPT APPLICATION (CIVIL) No. – 7512 of 2019

Applicant :- Shivanand Singh

Opposite Party :- Sri. Devendra Nath Dubey, S.P. And Another

Counsel for Applicant :- S.B.Singh

Hon’ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

By order dated 2.8.2019 passed in Criminal Misc.Writ Petition No. 20291 of 2019 filed by the applicant, the Court directed as under:

“Heard Sri S.B. Singh, learned counsel for the petitioner, Sri A.K. Sand, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.

The relief sought in this petition is as follows:

“Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to take evidence of witnesses against respondent nos.4, 5 and 6 and file police report against respondent nos.4, 5 and 6.”

Learned counsel for the petitioner submitted that the chargesheet has been submitted against respondent no.4 in the offence in question whereas respondent no.5 has been chargesheeted under Section 406 IPC and respondent no.6 has been exonerated during the course of investigation. It is further submitted that the Magistrate concerned has directed for further investigation but the matter is pending since 2017.

Investigating Officer-Respondent No.2 is directed to conclude the investigation against respondent no.5 in accordance with law within a period of two months from the date of production of certified copy of this order.

With the above direction this petition is finally disposed of. ”

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within three weeks 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 recorded thereof.

The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

Order Date :- 15.11.2019

Jaswant

 

 

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