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2025 DAILYLAW 121022 (ALL)

ATUL PRATAP SINGH v. SHRI ARVIND KUMAR SINGH, JUDICIAL MAGISTRATE, LALGANJ PRATAPGARH

/290/2025 · 2025-01-31

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6773 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 290 of 2025 Applicant :- Atul Pratap Singh Opposite Party :- Shri Arvind Kumar Singh, Judicial Magistrate, Lalganj Pratapgarh Counsel for Applicant :- Lalji Yadav Hon'ble Manish Kumar,J. The present contempt application has been preferred for alleged non compliance of judgment and order dated 17.05.2024 passed in Application U/S 483 No. 350 of 2024. The relevant extracts of the said judgment/order is quoted hereinbelow:- "5. After considering the submissions advanced by learned counsel for the parties, the trial court is directed to decide the aforesaid case expeditiously, say within six months, without granting any unnecessary adjournment to either of the parties, from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. 6. With the aforesaid observation, the application is disposed of finally." Learned counsel for the applicant has submitted that despite service of the order, the matter has not been decided, though, six months' period has already been expired, hence, it is a wilful disobedience of the judgment and order passed by the Writ Court. After hearing learned counsel for the applicant and going through the record, it is found from the order-sheets collectively been enclosed as Annexure no. 3 after the judgment/order dated 17.05.2024, twelve dates were fixed, out of which on two dates, the Presiding OfÏcer was on leave and on seven dates, the Lawyers from both the sides did not appear, so it cannot be said that the respondent has violated the judgment and order passed by the Writ Court. Learned Counsel for the applicant has failed to show that any adjournment to either of the parties was granted by the respondent. In view of the facts and discussion made hereinabove, no contempt is made out at this stage, hence, the present Contempt Application is dismissed. Order Date :- 31.1.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench