1 2026:CGHC:26976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 826 of 2019 Saeed Khan S/o Hatim Khan Aged About 56 Years R/o Mudhapara Raipur Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) Versus Rajeev Kumar Pandey Sub Divisional Magistrate (City) Raipur Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Hamida Siddiqui, Senior Advocate with Ms. Anushka Singh Chouhan, Advocate For Respondent(s) : Mr. Amrito Das, Senior Advocate with Mr. Yash Raj Verma, Advocate HON’BLE SHRI JUSTICE PARTH PRATEEM SAHU Order on Board 01.07.2026 1. Petitioner has filed this contempt petition alleging willful disobedience of the order dated 30.07.2019 passed in WPCR No. 572 of 2019. 2. Learned counsel for the petitioner would submit that in the contempt petition a specific pleading is made that the order passed in WPCR No. 572 of 2019 is placed before the respondent on 02.08.2019 and it is also taken into record in the order sheet, however, even then the respondent proceeded with the matter and passed final order in the 2 proceedings pending before it. It is contention of counsel for the petitioner that the order which is subject matter of WPCR is dated 25.07.2019 wherein, there was an direction / order by the respondent to handover the possession of the shops subject matter of the proceedings, to objector immediately and to submit its report. The grievance in that WPCR is with regard to issuance of a direction for handing over the possession of the shops to the Objector in which petitioner herein was in possession of some shops and therefore, the act of the respondent in concluding the entire proceedings and passing further order dated 17.09.2019 is in willful disobedience of the order dated 30.07.2019 passed in WPCR No. 572 of 2019. 3. Learned senior counsel appearing for the respondent would submit that from reading of the Order Annexure-C/1, which is alleged to have been disobeyed by the respondent, it is apparent that the Court while considering the WPCR and the interim application / interim relief sought for has passed an order of staying the operation of the impugned order therein. There is no pleading in the contempt petition that the respondent in any manner have proceeded to comply with the order impugned in WPCR No. 572 of 2019. He contended that in the order which is alleged to have been disobeyed there is no direction for staying of the proceedings pending before the respondent, accordingly the respondent has obeyed the direction issued and have not acted upon the interim order which is subject matter of the WPCR. He submits that the respondent continued with the proceedings under Section 145, which is the subject matter of the WPCR only because, in Criminal Miscellaneous Petition No. 2161 of 2018 filed by the petitioner herein, there was direction of the High Court to conclude the 3 proceedings pending under Section 145 within a period of three months from the date of receipt of the copy of the order. The order is dated 24.04.2019. The respondent has to comply with the directives issued by the High Court and therefore, he continued with the proceedings and have finally decided the same vide order dated 17.09.2019. As there was no interim order passed by the High Court, not to proceed with the proceedings under Section 145 and further in another case, CRMP, there was a direction to conclude the proceedings under Section 145 within specified period of three months, respondent was duty bound to conclude the proceedings in compliance of the direction issued by the High Court. In the facts of the case there is no willful disobedience on the part of the respondent. Hence, the contempt proceedings initiated against the respondent be dropped. 4. I have heard learned counsel for the parties and also perused the documents placed on record. 5. The contempt petitioner has filed this contempt petition alleging willful disobedience of the order dated 30.07.2019. The relevant paragraph is extracted below for ready reference. “In the meanwhile, operation of the impugned order shall remain stayed till the next date of hearing” 6. From the documents it is also appearing that the order dated 30.07.2019 passed by High Court in WPCR No. 572 of 2019 is placed before the respondent in the proceedings under Section 145 on 02.08.2019 and the order sheet annexed along with the contempt petition would show that the Sub-Divisional Magistrate-Respondent continued with the proceedings under Section 145. 7. It is not the case of the contempt petitioner that any action has been 4 taken of dispossessing the petitioner from the disputed shops subject matter of the proceedings under Section 145 in compliance of the order dated 25.07.2019. There is no such pleading. 8. From the order subject matter of contempt petition would prima facie show that the Court has only stayed the effect and operation of the order dated 25.07.2019 which is an interim order passed in the proceedings under Section 145 Cr.P.C. by the Magistrate. In reply, respondent has placed on record, copy of the order dated 24.04.2019 passed in CRMP No. 2161 of 2018 by High Court. The said CRMP was filed by the petitioner himself. The CRMP was allowed and further the Court has issued a direction to Sub-Divisional Magistrate to conclude the matter within a period of three months from the date of receipt of copy of this Order. There is specific direction of the High Court to the Sub-Divisional Magistrate to conclude the proceedings under Section 145 of Cr.P.C. within specified time frame. Moreso, the Order was passed and direction was issued in the petition filed by the petitioner herein. 9. In the above facts of the case, the respondent being Sub-Divisional Magistrate had to comply with the order and direction issued by the High Court and to conclude the proceedings within specified time frame. Accordingly, in compliance of the order passed in CrMP by High Court, the respondent herein has concluded the proceedings under Section 145 of Cr P.C. on 17.09.2019. 10. In the WPCR No. 572 of 2019 petitioner has raised one of the ground amongst other that the Sub-Divisional Magistrate has exercised the jurisdiction vested upon him by passing the interim order (impugned order in the petition) instead of deciding the case of merit. 5 11. The grievance of the petitioner is with respect to the interim order of the Sub-Divisional Magistrate directing of handing of the possession of the shops possessed by the petitioner to the objectors therein. No pleading is made in this contempt petition that in compliance of the interim order passed by the Sub-Divisional Magistrate dated 25.07.2019, the shops subject matter of the proceedings under Section 145 of Cr.P.C. was taken from the petitioner and handed over to the other party, but the disobedience alleged on the act of the respondent is of proceeding with the case pending before him under Section 145 of Cr.P.C after the order dated 30.07.2019 and passing final order. 12. As there is no order of stay or direction of the Court in its order dated 30.07.2019 of staying the proceedings of the case under Section 145 of Cr.P.C. pending before respondent, in the opinion of this Court, concluding the proceedings, complying with the direction issued by the High Court CRMP No. 2161 of 2018, cannot be said to be willful disobedience of order dated 30.07.2019 on the part of the respondent. 13. For the foregoing discussion, I do not find any good ground to continue with this contempt petition any further. Accordingly, the contempt proceedings initiated against the respondent is dropped. Notice discharged. Contempt Petition is closed. Sd/- (Parth Prateem Sahu) JUDGE Saurabh