Neutral Citation No. - 2025:AHC:13977 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7824 of 2024 Applicant :- Alka Sethi And Another Opposite Party :- Sri Prashant Kumar, Director General Of Police And Another Counsel for Applicant :- Astha Misra,Avneesh Tripathi Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 15.05.2024 passed by this Court in Application U/S 482 No. 9000 of 2024 through which the Court had requested the Director General of Police to appoint the Senior Superintendent of Police, Saharanpur to investigate the First Information Reports registered at the instance of the applicants and to also ensure that proper investigation is done of the allegations made by the applicants. A compliance affidavit has been filed by the Standing Counsel showing that in Case Crime No. 121 of 2022, a charge-sheet had been submitted earlier but further proceedings in the said case have been stayed by this Court through order dated 21.09.2024 passed in Application U/S 482 No. 20296 of 2024. So far as Case Crime No. 138 of 2022 is concerned, a report has been submitted by the investigating team and the said report is still pending before the concerned Magistrate. It has been stated in the compliance affidavit that under his Chairmanship, the Senior Superintendent of Police, Saharanpur constituted a Special Investigation Team consisting of himself as Chairman, S.P. (Rural) and one Shri Amarpal Sharma, the Assistant Sub-Inspector and Shri Naveen Saini, also an Assistant Sub-Inspector. It has been stated in the compliance affidavit that the investigation was conducted fairly and properly after considering the evidence submitted both by the applicants and other witnesses. Shri Avneesh Tripathi, the counsel for the applicants pleads that investigation was not done properly and the police was in collusion with the opposite parties. It has been stated by Shri Avneesh Tripathi that regular threats were being given to them and their witnesses which affected the investigation of the case and information regarding those were sent to the Director General of Police. It has been stated that, however, the investigating team as well as the Director General did not take any action on the complaints sent by the applicants adversely affecting the investigation of the case. It has been argued that the investigation is only a sham investigation as the evidence submitted by the applicants and other witnesses has not been referred in the report submitted by the investigating team. Other arguments were also raised by Shri Avneesh Tripathi in support of his plea that the investigation was not proper and fair, therefore, the investigating team including the Senior Superintendent of Police had committed contempt of this Court. Shri Avneesh Tripathi has sought time to file a rejoinder affidavit replying to the facts stated in the compliance affidavit. In view of the reasons given subsequently, no rejoinder affidavit is required. The question as to whether the report submitted by the investigating team was submitted after a fair and proper investigation is to be considered by the concerned Magistrate and not under the provisions of the Contempt of Courts Act, 1971. The police could not have gone into further investigation in Case Crime No. 121 of 2022 as the proceedings before the concerned court on the charge-sheet submitted earlier in the said case had been stayed by the High Court in exercise of its powers under Section 482, therefore, the investigating team rightly refrained from further investigating the case till the pendency of the application under Section 482 filed before this Court. In view of the aforesaid, no willful disobedience of any order passed by this Court can be imputed to the opposite parties. The applicants have the remedy to file their objections before the concerned Magistrate. For all the aforesaid reasons, the application is dismissed. The file of the case be consigned to records. Order Date :- 27.1.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad