The bench observed that the explanation regarding unknown whereabouts of retired witnesses was untenable. It suggested directing the government to ensure their presence or withholding pension as coercive measures under CrPC before disposing of the contempt application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 888 of 2021
Applicant :- Chhotelal Sonkar Opposite Party :- Shri Vishnu Prasad Agrawal, Special Judge (A/C) Counsel for Applicant :- Devendra Kumar
Hon'ble Suneet Kumar,J.
Pursuant to order dated 19.02.2021, a report dated 16.03.2021 from Additional Sessions Judge/Special Judge (P.C. Act,) Court No. 5, Gorakhpur, has been received. It is apparent that the explanation furnished by the officer is not very convincing. In case, the prosecution witnesses are not appearing, it is always open to the Court to adopt coercive measures against the witnesses under the provisions of Code of Criminal Procedure. It is informed that prosecution witnesses are retired government servant. To contend by way of explanation that whereabouts of the witnesses is not known is untenable. Measures can be taken directing Secretary to the government to ensure their presence or direct withholding of pension till witnesses appear and depose before the Court.
With the aforesaid observations, contempt petition is disposed of.
Order Date :- 19.3.2021 Mukesh Kr.
1 issue framed by the court
Whether coercive measures should be adopted for the appearance of prosecution witnesses who are retired government servants.
1 provisions across 1 enactments
Chhotelal Sonkar
Shri Vishnu Prasad Agrawal
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
