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2025 DAILYLAW 34596 (ALL)

SHEELA SINGH v. ATREYA MISHRA (SUB DIVISIONAL MAGISTRATE, TAHSIL SADAR DISTRICT BALLIA)

CAPL/1639/2025 · 2025-04-10

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53593 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1639 of 2025 Applicant :- Sheela Singh Opposite Party :- Atreya Mishra (Sub Divisional Magistrate, Tahsil Sadar District Ballia) Counsel for Applicant :- Deo Prakash Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 27.02.2024 passed in Criminal Misc. Writ Petition No. 2962/2024 filed by the applicant, the writ Court directed as under: "In view of the above, the court concerned is directed to decide the matter i.e., case no. 6708 of 2015 (Shyama vs. Sheela Singh) filed under section 133 Cr.P.C., preferably within a period of two month from the date of production of certified copy of the instant order, in case there is no legal impediment in deciding the same." Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 19.03.2024, but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within two months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate him of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned. Order Date :- 11.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad