Shiv Sewak Singh v. Upendra Kumar Agarwal Joint Commissioner of Police Law and Order Jcp Law and Order Lko. and Another

Allahabad HC5 Mar 2024CAPL/1015/2024

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Contempt application alleging non-registration of FIR despite a complaint dated 4.1.2024, invoking Lalita Kumari directions and MHA advisories. Officers appeared in court; inquiry report was awaited; matter adjourned to 27.5.2024 with officers excused from further attendance until further order.

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Shiv Sewak Singh vs Upendra Kumar Agarwal Joint… — Contempt of Court | Allahabad HC (2024)

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Court No. - 8

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1015 of 2024

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Applicant :- Shiv Sewak Singh Opposite Party :- Upendra Kumar Agarwal Joint Commissioner Of Police Law And Order Jcp Law And Order Lko. And Another Counsel for Applicant :- Ishan Baghel,Nishchal Verma,Pranshul Tripathi

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Hon'ble Rajeev Singh,J.

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Short counter affidavit filed by learned Addl. Chief Standing Counsel is taken on record.

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On 10.5.2024, following order was passed:-

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1. Heard.

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2. Learned counsel for the applicant submits that it is obligatory on the part of the authorities to register F.I.R. in accordance with the provision of Section 154(1) Cr.P.C., if cognizable offence is made out after reading the contents of the complainant and this controversy has already been decided in the case of Lalita Kumari Vs. State of U.P. reported in 2014 2 SCC 1 and general directions were issued to Government of India and all the State Governments for making compliance of the directions, thereafter, Ministry of Home Affairs, Government of India issued an advisory dated 6.4.2014 and 12.10.2015 in compliance of the directions of Hon'ble Apex Court in the case of Lalita Kumari (supra) addressed to all the Chief Secretaries/Additional Chief Secretaries, Department of Home. He further submits that in the case of the applicant, application was given on 4.1.2024 but the F.I.R. was not being lodged by saying that inquiry was going on. He also submits that it is obligatory on the part of the police officials to conclude the preliminary inquiry within a period of two weeks as per the advisory of Government of India dated 6.2.2014 (para-3) as several documents have been provided to the officials but the F.I.R. is not being lodged only with the intention to save the accused persons, therefore, respondent officials are committing contempt.

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3. Mr. Santosh Kumar Singh, learned counsel for the respondent placed a letter dated 9.5.2024 issued by Mr. Upendra Kumar Agarwal, Joint Commissioner of Police, Lucknow and requested two weeks time to file reply.

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4. As it is evident from the record that opportunity of lodging F.I.R. was given on 4.1.2024, therefore, request for grant of time to file reply is hereby rejected.

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5. List this case on 23.5.2024 at 11:30 A.M.

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6. On the next date, respondent shall appear before this Court and explain that why the directions of Hon'ble Apex Court in the case of Lalita Kumari (supra) are not being complied with.

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In pursuance of aforesaid order, Mr. Upendra Kumar Agarwal, Joint Commissioner of Police, Law and Order, Lucknow and Mr. Brijesh Kumar, S.I., Economic Offences Wing, Lucknow are present.

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Mr. V.K. Shahi, learned Additional Advocate General assisted by Sri Sunil Bajpai, learned Addl. Chief Standing Counsel requested for some time to place inquiry report on the record.

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List this case on 27.5.2024 at 11:30 A.M.

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Officers present today, need not to appear until further order.

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Order Date :- 23.5.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Shiv Sewak Singh v. Upendra Kumar Agarwal Joint Commissioner of Police Law and Order Jcp Law and Order Lko. and Another

Case brief

What is this about?

A compact analysis

Shiv Sewak Singh v. Upendra Kumar Agarwal Joint Commissioner of Police Law and Order Jcp Law and Order Lko. and Another

Case brief

What is this about?

A compact analysis

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