Disposed

Smt. Neelam v. Pardeep Gupta, Senior Superintendent

Allahabad HC6 May 2019CAPL/1410/2019

Case brief

AI extract

What is this about?

In a civil contempt application, the Court directed the Superintendent of Police to comply with a previous writ order ensuring fair and expeditious investigation within three months, providing the applicant with further time to send the order for compliance.

What did the court decide?

Additional time of three months granted for compliance with previous investigation order; duty to serve order imposed.

Smt. Neelam Vs Pardeep Gupta, Senior Superintendent — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1410 of 2019 Applicant :- Smt. Neelam Opposite Party :- Pardeep Gupta, Senior Superintendent Counsel for Applicant :- Deepak Kumar Pal,Virendra Pratap Pal

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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By order dated 9.10.2018 passed in Criminal Misc. Writ Petition No.28406 of 2018 filed by the applicant, the Court directed as under:

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"This petition has been filed by the petitioner with the prayer that suitable direction may be issued to the authority concerned for ensuring fair investigation of Case Crime No. 345 of 2016, under Sections 409, 419, 420, 467, 468 I.P.C., Police Station Kokhraj, District Kaushambi.

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From the perusal of the record it reveals that the petitioner is the first informant of the above mentioned case. In case the petitioner is having any grievance with regard to the investigation of the above mentioned case, the same may be raised before the S.P., Kaushambi who shall look into the matter so that fair and expeditious investigation of the above mentioned case may be ensured.

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

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With the above direction, this petition is finally disposed of."

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 16.10.2018 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.

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The matter was taken up on 12.3.2019 and on the said date learned Additional Chief Standing Counsel was asked to seek instruction in the matter.

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On the matter being taken up today, Shri K.R. Singh, learned Additional Chief Standing Counsel has placed the instruction dated 27.4.2019 sent by the Superintendent of Police, District Kaushambi, wherein it has been stated that the final report in Case Crime No.345 of 2016 under Sections 409, 419, 420, 467, 468 IPC Police Station Kokhraj, District Kaushambi has been filed. Thereafter, the applicant has filed a protest application and on the said protest application the re-investigation is going on and the report has been asked from the forensic department.

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It is submitted that some more time may be accorded so that the order of this Court may be complied with. The instruction is taken on record.

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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.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the selfaddressed envelope of the applicant with a copy of contempt application to the opposite party 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 him of the order through the self-addressed 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 party within the stipulated time as aforementioned.

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Order Date :- 6.5.2019 RKP

Smt. Neelam v. Pardeep Gupta, Senior Superintendent

Case brief

What is this about?

What did the court decide?

Smt. Neelam v. Pardeep Gupta, Senior Superintendent

Case brief

What is this about?

What did the court decide?

What the court decided

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