A contempt petition was filed alleging the respondent willfully disobeyed a High Court order by not registering an FIR. The court noted the respondent had obtained a stay on the impugned order via the Supreme Court, negating the disobedience claim, and discharged the rule.
Rule discharged and contempt petition disposed of.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CONT No. 385 of 2019
Ku. Kajal Singh D/o Vinod Singh Aged About 18 Years R/o Imalibhata, Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh --- Petitioner
Versus
Deepa Kewat In - Charge, Police Station, Mahasamund, R/o City Kotwali, Mahasamund, District Mahasamund, Chhattisgarh -- Respondent
| 01.07.2019 R a o |
Mr. Siddharth Rathod, counsel for the petitioner. State by Mr. Avinash Singh, Panel Lawyer. The instant petition is filed by the petitioner on the ground that respondent has willfully disobeyed the the order dated 12.03.2019 passed by this Court as the FIR has not been registered against the accused. It is submitted that pursuant to the order dated 12.03.2019 passed in Cr.M.P.No.480/2019, the accused persons have preferred SLP (Cr.) No.5077/2019 before the Supreme Court. The respondent herein has filed reply along-with the order dated 03.06.2019 passed by the Supreme Court in SLP (Cr.) No.5077/2019 arising out of Cr.M.P.No.480/2019 wherein the operation of the impugned judgment and order dated 12.03.2019 has been stayed. Therefore, it clearly appears from the reply filed by the respondent and copy of the stay order dated 03.06.2019 annexed thereto, no willful disobedience is made out against the respondent. Accordingly, the rule is discharged and the contempt petition stands disposed of at this stage. Sd/- GOUTAM BHADURI JUDGE |
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2 issues framed by the court
Whether wilful disobedience is made out against the respondent who filed a stay application before the Supreme Court regarding the impugned order.
Whether the contempt petition should be disposed of when the alleged disobedience arose from a superseded order.
Ku. Kajal Singh
Deepa Kewat
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
