The petitioner challenged the non-compliance of an order directing registration of an FIR. The contemnor argued no time limit was fixed, negating contempt. The court dropped proceedings but granted liberty to apply for fixing a time limit.
Contempt proceeding dropped with liberty to petitioner to move an application for fixing time limit for compliance.
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CONTC No. 1633 of 2016
09.12.2016
Heard Mr. N.K. Panda, learned counsel for the petitioner, and Mr. P.K. Muduli, learned A
ddl. Government Advocate.
The petitioner, by means of this contempt application, alleges violation of order dated 12.09.2016 passed in CRLMP No.751 of 2016, by which this Court directed the IIC, Khurda P.S. t o register the written report of the petitioner dated 11.08.2015 as FIR and take up investigat ion. Mr. N.K. Panda, learned counsel for the petitioner states that the said order having not
been complied with as yet, the petitioner has approached this Court by filing the present con
tempt application.
Mr. P.K. Muduli, learned Addl. Government Advocate states that, as no time limit was fix ed by this Court for compliance, the question of violation of this Courts order does not arise . Considering the contention raised by learned counsel for the parties and without express ing any opinion on the merits of the case, since no time limited was fixed in order dated 12.0 9.2016 passed in CRLMP No.751 of 2016, the question of committing any contempt does not arise. At this juncture, learned counsel for the petitioner states that liberty may be granted to the petitioner to move an appropriate application before the concerned Court for fixing tim e limit with regard to compliance of order dated 12.09.2016 passed in CRLMP No.751 of 2016.In such view of the matter, the contempt proceeding is dropped with the liberty aforesai d. Urgent certified copy of the order be granted as per rules.GDS Dr. B.R. Sarangi, J.
1
2 issues framed by the court
Whether a violation of court order constitutes contempt when no time limit was fixed for compliance.
Whether the petitioner is entitled to liberty to apply for fixing a time limit for compliance.
The Petitioner
The State / IIC, Khurda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court