Disposed

Nandlal Soni v. Kreet Rathor, Superintendent of Police and Another

Allahabad HC3 May 2019CAPL/1253/2019

Case brief

AI extract

What is this about?

In a contempt application for disobedience of a writ order directing an investigation within three months, the Court prima facie found a case but granted the opposite parties one more opportunity to comply.

What did the court decide?

One more opportunity granted to opposite parties to comply with the order within three months; case disposed of at this stage.

Nandlal Soni Vs Kreet Rathor, Superintendent of Police… — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1253 of 2019

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Applicant :- Nandlal Soni Opposite Party :- Kreet Rathor, Superintendent Of Police And Another

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Counsel for Applicant :- Rama Shankar Mishra

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 23.08.2018 passed in Criminal Misc. Writ Petition no.22918 of 2018 (Nandlal v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 23.08.2018 is quoted as under:-

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"Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order.

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It is further directed that the S.P., Sonbhadra shall supervise the investigation and ensure that the same is completed speedly without any undue delay."

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

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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 parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite parties 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

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to the opposite parties within one week thereafter and keep a recorded thereof.

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The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.

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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 parties within the stipulated time as aforementioned.

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Order Date :- 3.5.2019 A. Pandey

Nandlal Soni v. Kreet Rathor, Superintendent of Police and Another

Case brief

What is this about?

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Nandlal Soni v. Kreet Rathor, Superintendent of Police and Another

Case brief

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What did the court decide?

What the court decided

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