Disposed

Kripa Shankar Mishra v. Mr. Deepak Kumar, Addl. Cheif Secy. Deptt. of Home, Lko.

Allahabad HC30 Jul 2024CAPL/2936/2024

Case brief

AI extract

What is this about?

The applicant sought contempt proceedings against the respondent for defying an order dated 29.08.2023 passed in Writ A No. 6499 of 2023. The court, accepting the respondent's request for more time, granted an extension and directed the filing of a compliance affidavit by the next date of listing.

What did the court decide?

Time granted for compliance; affidavit of compliance to be filed by the next date of listing.

Kripa Shankar Mishra vs Mr. Deepak Kumar, Addl. Cheif… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2936 of 2024

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Applicant :- Kripa Shankar Mishra Opposite Party :- Mr. Deepak Kumar, Addl. Cheif Secy. Deptt. Of Home, Lko.

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Counsel for Applicant :- Rajesh Pandey,Jay Prakash Singh

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Hon'ble Rajeev Singh,J.

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On 30.08.2024 following order was passed:-

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" 1. Heard.

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2. On 30.07.2024 following order was passed:-

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"1. Heard learned counsel for the applicant.

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2. Learned counsel for the applicant submits that the order of this Court dated 29.8.2023 passed in Writ A No.6499 of 2023 (Kripa Shankar Mishra Vs. State of U.P. & Ors.) has been willfully defied by the respondent.

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3. List this case on 13.8.2024 as fresh.

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4. In the meantime, Mr. Sunil Bajpai, learned Additional Chief Standing Counsel may seek instructions in writing from respondent that why order of the writ court has not been complied with.

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5. Learned counsel for the applicant is also directed to provide copy of the contempt application to learned Additional Chief Standing Counsel."

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3. Sri Mohit Jauhari, learned Standing Counsel appearing for the respondent placed written instructions dated 13.08.2024 duly signed by Mr. Nityanand Rai, Superintendent of Police (Legal Cell), Police HQ., Lucknow annexing therewith a letter dated 12.08.2024 duly signed by Mr. Rakesh Kumar Malpani, Special Secretary, Department of Home, Government of U.P., Lucknow, which is taken on record. Sri Mohit requests for some time to ensure the compliance of the direction of the writ Court.

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4. Accordingly, request made by Sri Mohit is allowed.

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5. List this case on 19.09.2024 at 11:30 A.M.

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6. By the next date, affidavit of compliance be filed by the authority concerned, failing which, appropriate order shall be passed against him.

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In pursuance of the aforesaid order, Sri Mohit Jauhari, learned counsel for respondent has placed written instructions duly signed by Sri Rakesh Kumar Malpani, Special Secretary, Department of Home dated 18.09.2024 by which a request has

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been made for six weeks time for compliance.

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As it is evident from the record that order of writ court was passed on 29.08.2023 and it was communicated on 06.09.2023 but till date the same has not been complied with.

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List this case on 17.10.2024.

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By the next date of listing, affidavit of compliance be filed by the respondent, failing which he shall appear before this Court.

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Order Date :- 19.9.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Kripa Shankar Mishra v. Mr. Deepak Kumar, Addl. Cheif Secy. Deptt. of Home, Lko.

Case brief

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Kripa Shankar Mishra v. Mr. Deepak Kumar, Addl. Cheif Secy. Deptt. of Home, Lko.

Case brief

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