Dismissed

Naresh v. Prabhakar Chaudhary and Another

Allahabad HC9 May 2019CAPL/695/2019

Case brief

AI extract

What is this about?

An applicant sought punishment for civil contempt against respondents for non-compliance with a prior order directing investigation conclusion. The single-judge court afforded the respondents one more month to comply and directed service of the order.

What did the court decide?

One month further time granted to comply with earlier investigation order; service of this order directed.

Naresh Vs Prabhakar Chaudhary and Another — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 695 of 2019

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Applicant :- Naresh Opposite Party :- Prabhakar Chaudhary And Another Counsel for Applicant :- Gaurav Singh Chauhan

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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 13.8.2018 passed in Criminal Misc. Writ Petition No.22022 of 2018 (Naresh vs. State of UP and 4 others) a Division Bench of this Court directed as under:

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"This petition has been filed by the petitioner with the prayer commanding and directing the respondent nos.2 and 3 to proceed with fair investigation in case crime no.644 of 2017, u/s 302, 452 IPC, P.S.Gulawati, district Bulandshahr on the basis of FIR dated 27.10.2017.

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Learned counsel for the petitioner submits that the petitioner is the informant of the case who has lodged the F.I.R. against the accused persons but the investigation of the case has not been concluded till date.

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

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The S.P/S.S.P, Bulandshahr is directed to ensure the compliance of this order.

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With the aforesaid directions, the present petition stands 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 parties on 21.8.2018 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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The matter was taken up on 30.4.2019 and 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 Sanjay Kumar Singh, learned Additional Chief Standing Counsel states that in compliance of the aforesaid order, he has received

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the instruction dated 7.5.2019 sent by the Circle Officer, Sikandrabad, District Bulandshahar, wherein it has been stated that the investigation is going on. The request has been made for according three months' further time for complying the aforesaid.

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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 two 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 stamped 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 to the opposite parties within one week from today 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 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 :- 9.5.2019 RKP

Naresh v. Prabhakar Chaudhary and Another

Case brief

What is this about?

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Naresh v. Prabhakar Chaudhary and Another

Case brief

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