Mukut Bihari Lal vs Shri Jai Singh Pundir

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5237 of 2019 Applicant :- Mukut Bihari Lal Opposite Party :- Shri. Jai Singh Pundir, A.D.J./ Special Session Judge (D.A.A.) Counsel for Applicant :- Dinesh Kumar Verma

Hon'ble Mahesh Chandra Tripathi,J.

The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 14.07.2016 passed in Application U/S 482 No.20545 of 2016 (Mukut Bihari Lal v. State of U.P. & Ors.), which for ready reference is quoted as under:-

"This application u/s 482 Cr.P.C. has been filed seeking the direction to expedite the proceedings of S.T.No. 22 of 2003, arising out of case crime no. 18 of 2003, under Sections 364, 394, 302, 201 IPC, P.S. Sirsaganj,District Firozabad pending in the Court of Special Sessions Judge (D.A.A.) Act, Court no.6, Firozabad.

Heard applicant's counsel and learned A.G.A. for the State. Record has been perused.

In the facts and circumstances of the case the lower court concerned is directed to expedite and conclude the proceeding of the aforesaid case within a period of six months without granting any unnecessary adjournment to either of the parties.

With the aforesaid observation this application is disposed off."

It is reflected from the record that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court and finalise the proceeding in question within four months from the date of production of a certified copy of this order and if necessary day to day hearing may also be ensured in the matter.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.

Order Date :- 16.8.2019 SP/