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2025 DAILYLAW 187778 (ALL)

VAKEELUR RAHMAN KHAN v. SMT. RUPALI SINGH JUDICIAL MAGISTRATE -IST GONDA

CAPL/3722/2025 · 2025-11-18

Manish Kumar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3722 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. Heard. 2. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 20.12.2022 whereby, an order has been passed for taking decision by the respondent within a period of six months from the date of production of certified copy of this order. The copy was served on 05.01.2023. 3. 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. 4. After hearing learned counsel for the applicant and going through the record of the case, it is found that the endorsement mentioned is only "prapt kiya" with date and signature of someone. It is not clear as to who had received the representation in the Office of the respondent and there is no stamp of the Office of the respondent for alleged receiving. Even if it is treated to be received, then six months period has already expired on 1/2.07.2023 whereas the present contempt application has been filed in November, 2025 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 Versus Counsel for Applicant(s) : Qazi Mohd.Ahmad, Noorain Husain Khan(Niazi) Counsel for Opposite Party(s) : Vakeelur Rahman Khan .....Applicant(s) Smt. Rupali Singh Judicial Magistrate -Ist Gonda .....Opposite Party(s) 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." 5. 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. [(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. 6. In the present case, the contempt has alleged to have been committed on 1/2.07.2024 whereas the present contempt application has been preferred after the expiry of more than one year and five months i.e. in November, 2025. Hence, it is barred by Section 20 of the Contempt of Courts Act, 1971. 7. In view of the facts and circumstances of the case, the present contempt application is dismissed. November 18, 2025 Preeti CAPL No. 3722 of 2025 2 (Manish Kumar,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench