Justice Sanjay Kumar dismissed a contempt petition alleging willful disobedience of an order directing police to follow Lalita Kumari guidelines. The court found no disobedience as the police had registered an inquest case which was later amended to a suicide case under IPC Section 306.
Contempt case dismissed; no order as to costs.
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.
THE HON’BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE No.392 of 2016
ORDER:
This contempt case was instituted alleging willful disobedience to the order dated 07.01.2016 passed by this Court in W.P.No.41843 of 2015. By the said order, the respondent police authorities were directed to follow the law laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh[1] in relation to the complaint lodged by the petitioner.
The Inspector of Police, KPHB Police Station, Cyberabad, filed a counter-affidavit stating that basing upon the complaint filed by one J. Kanakaiah in relation to the very same incident, Crime No.836 of 2015 was registered under Section 174 Cr.P.C. on the file of the KPHB Police Station on 11.09.2015 itself. After due investigation, the police authorities found it to be a case of suicide and accordingly altered the provision of law from Section 174 Cr.P.C. to Section 306 I.P.C.
In the light of the afore-stated facts, this Court finds no disobedience, much less willful disobedience, warranting exercise of contempt jurisdiction.
The contempt case is accordingly dismissed. No order as to costs.
____________________ JUSTICE SANJAY KUMAR
5th August, 2016 PGS/IBL
[1] (2014) 2 SCC 1
2 issues framed by the court
Whether there was willful disobedience of the court order directed to follow Lalita Kumari guidelines warranting contempt jurisdiction.
Whether registration of crime under Section 306 IPC after finding suicide constitutes disobedience to the order dated 07.01.2016.
Colour shows how this judgement treated each authority
Lalita Kumari v. Government of Uttar PradeshReferred¶3
Lalita Kumari v. Government of Uttar Pradesh
1 provisions across 1 enactments
Petitioner
Respondent Police Authorities
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
