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Shailesh Kumar Dubey vs Sunil Kumar Gupta

High Court Of Judicature at Allahabad|16 August, 2019
Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5192 of 2019 Applicant :- Shailesh Kumar Dubey Opposite Party :- Sunil Kumar Gupta, Senior Superintendent Of Police Counsel for Applicant :- Azad Rai
Hon'ble Mahesh Chandra Tripathi,J.
By order dated 3.5.2019 passed in Crl. Misc. Writ Petition No. 11812 of 2019 filed by the applicant, this Court directed as under:
"Considering the facts and circumstances of this case, it is provided that the Senior Superintendent of Police, Gorakhpur, respondent no. 2, shall look into the matter and shall ensure that the investigation be carried out in a fair and impartial manner and concluded at the earliest preferably within two months from the date of production of a certified copy of this order.
With the aforesaid direction, this writ petition is disposed of. "
The record in question reflects that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 writ Court within two months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate the order to the applicant through the self- addressed envelope 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 party within the stipulated time as aforementioned.
Order Date :- 16.8.2019 A.K.Srivastava
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  • Mahesh Chandra Tripathi
  • Azad Rai