BADREENATH MISHRA v. SRI AVANISH TRIPATHI, SUB DIVISIONAL MAGISTRATE TEHSIL MANKAPUR DISTT. GONDA
CAPL/1928/2025 · 2025-06-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146398 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146398 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35938 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1928 of 2025 Applicant :- Badreenath Mishra Opposite Party :- Sri Avanish Tripathi, Sub Divisional Magistrate Tehsil Mankapur Distt. Gonda Counsel for Applicant :- Pankaj Kumar Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pankaj Kumar Singh, learned counsel for the applicant. 2. By means of the instant contempt application, the applicant has sought punishment of the opposite party for willful disobedience/ defiance of the order dated 30.07.2024 passed by this Court in application u/s 483 No. 501 of 2024 (Badrinath Mishra Vs. State of U. P. & Others). The relevant portion of the aforesaid order is being reproduced here-in-below:
"Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application has been preferred for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Up Zila Magistrate Mankapur, District Gonda to decide the case No. T202308300704083(State versus Badrinath Mishra) U/S 151/107/116 of Cr.P.C. which is pending since 2023, as expeditious as possible or within a period as stipulated by this Hon'ble court." Considering the facts and circumstances of the case indicated in the application particularly the period of pendency of the criminal case in issue, this Court is not inclined to accede the prayer sought in the present application at this stage. However, it is expected that for expeditious disposal of the case, trial court shall do needful in the matter in the light of the observations made by the Hon'ble Apex Court in various pronouncements, according to which, the right to speedy trial is implicit under Article 21 of the Constitution of India and trial should be concluded expeditiously. With the aforesaid, the instant application is disposed of."
3. Although the petitioner has alleged willful disobedience of the aforesaid order by the Sub Divisional Magistrate, Tehsil Mankapur, District Gonda, a copy of the order sheet of the proceedings before the Sub Divisional Magistrate, Tehsil
Mankapur, District Gonda, annexed with the petition as Annexure No. 3, indicates that on most of the dates, the advocates were on strikes and due to their non cooperation, the Sub Divisional Magistrate, Tehsil Mankapur, District Gonda could not proceed with the judicial work. 4.
In these circumstances, the allegation levelled by the petitioner against the authority concerned that the authority concerned is willfully disobedient of the order passed by this Court, is patently false. 5. Accordingly, the application is dismissed. Order Date :- 19.6.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench