MUNNI DEVI AND ANOTHER v. SRI LAVLESH KUMAR CIVIL JUDGE (JUNIOR DIVISION) (F.T.C.) CRIME AGAINST WOMEN HARDOI
CAPL/1220/2025 · 2025-05-01
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136072 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136072 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25289 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1220 of 2025 Applicant :- Munni Devi And Another Opposite Party :- Sri Lavlesh Kumar Civil Judge (Junior Division) (F.T.C.) Crime Against Women Hardoi Counsel for Applicant :- Alok Kumar Mishra Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and Sri Shishir Jain, Special Counsel for the High Court.
2. The instant contempt application has been filed by the applicants alleging disobedience of the order dated 21.06.2021 passed by this Court in Application u/s 482 No. 2024 of 2021.
3. Learned counsel for the applicant submits that marriage of son of the applicants was solemnized with Ramsita and due to some matrimonial dispute, a complaint case under Sections 498-A, 323 I.P.C. and 3/4 D.P. Act was lodged implicating the son of applicants. He further submits that after completion of procedures, summons were issued and the case was registered as Case No. 2024 of 2021, which was challenged before this Court in Petition under Section 482 No. 2024 of 2021, in which, detail interim order was passed on 21.06.2021, and the said interim order granted in the aforesaid petition is existing till today. He next submits that despite the aforesaid interim order, non bailable warrants were issued against the applicants by the respondent-Presiding Officer on 20.11.2024, hence, as he violated the order of this Court, he may be summoned and punished accordingly.
4. Sri Shishir Jain, Special Counsel for the High Court appearing for the respondent has placed written instructions dated 29.04.2025 issued by Registrar Judicial (Litigation) along with written instructions dated 28.04.2025 given by the respondent, which are taken on record. Sri Shishir Jain submits that the stay order dated 21.06.2021 passed by this Court in the aforesaid petition was placed before learned trial Court on 16.08.2021, but neither the applicants nor their counsel was cooperating for the proceeding of trial. He further submits that one exemption application was also moved on 20.09.2022, which was rejected by the then Presiding
Officer by issuing non bailable warrants and fixing the date of hearing as 18.11.2022. Thereafter, the matter was listed on 18.11.2022, 19.01.2023, 20.03.2023 and 16.05.2023, on which dates, the accused remained absent and NBWs were repeatedly
directed to be issued, and from 16.05.2023 to 29.08.2024, there was no substantial change as the same situation continued. He next submits that the respondent-official joined the services on 05.01.2024 and the file in question came up before him on 20.11.2024; the accused further remained absent on 20.11.2024, 28.11.2024 and 13.12.2024, on which dates, non bailable warrants were issued against them. He also submits submits that the file in question has been transferred to the Court of Civil Judge (Senior Division), F.T.C. vide order of Chief Judicial Magistrate dated 17.12.2024.
5. Considering the contents of the aforesaid written instructions placed before this Court, it is evident that non bailable warrants were issued on 20.09.2022 after rejecting the exemption application. It is also evident from the instructions that no recall application of the order dated 20.09.2022 as well as its consequential orders was moved by the applicants. In such circumstances, no contempt is made out. Therefore, the contempt application being misconceived stands dismissed.
6. However, it is open to the applicant to move appropriate application before the Court concerned within a period of ten days from today. In case any such application is moved, it is expected from the Court concerned to decide the same in accordance with law.
Order Date :- 1.5.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench