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2025 DAILYLAW 176650 (ALL)

KAMAL KUMAR AGRAWAL v. ANURAG SINGH, SUB DIVISIONAL MAGISTRATE TEHSIL RAMSANEHIGHAT DISTT. BARABANKI

/3954/2025 · 2025-12-04

Manish Kumar

Contempt Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3954 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 12.06.2024 whereby the writ Court has directed the respondent to decide the case within a period of three months from the date of receipt of certified copy of this order. Learned counsel for the applicant has submitted that the certified copy of the order was served on 18.06.2024 and three months' period has already expired on 16/17.09.2024 but the application/case of the applicant has yet not been decided. Learned Standing counsel has submitted that the present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as for the first time cause of action arose on 16/17.09.2024 and the present contempt application has been filed on 28.11.2025 i.e. after expiry of two months from the date when the cause of action first arose. On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the submissions relating to Section 20 of the Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is an admitted case of the applicant that for the first time the contempt has alleged to have been committed on 16/17.09.2024 and as per Section 20 of the Contempt of Courts Act, 1971, the contempt petition is to be filed within a period of one year from the date the contempt has alleged to have been committed. For convenience, the Section 20 of the Contempt of Courts Act, 1971 is being reproduced hereinbelow:- "20. Limitation for actions for contempt:- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." Further, in the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. Versus Counsel for Applicant(s) : Shubham Gupta Counsel for Opposite Party(s) : Kamal Kumar Agrawal .....Applicant(s) Anurag Singh, Sub Divisional Magistrate Tehsil Ramsanehighat Distt. Barabanki .....Opposite Party(s) [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed. In the present case, the contempt has alleged to have been committed on 16/17.09.2024 whereas the present contempt application has been preferred after the expiry of two months i.e. on 28.11.2025. Hence, it is barred by Section 20 of the Contempt Courts Act, 1971. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is dismissed. December 4, 2025 Nitesh CAPL No. 3954 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench