Research › Search › Judgment

Allahabad High Court · body

2004 DIGILAW 765 (ALL)

Ajai Pal Singh v. Teerath Raj Tripathi

2004-04-06

S.P.MEHROTRA

body2004
JUDGMENT : S.P. Mehrotra, J. The present contempt petition purporting to be under Section 10/12 of the Contempt of Courts Act, 1971 has been filed by the petitioner/applicant, inter alia, praying for punishing the opposite parties for having committed contempt of this Court by flouting the interim order dated 28.5.1992 passed by this Court in Civil Misc. Writ Petition No. 25785 of 1992. 2. It may be mentioned at the out-set that one Dayanand Srivastava was impleaded as the opposite party No. 7 describing him as the "Dy. Superintendent of Police, Pro-Vigyan Branch, Kanpur City". 3. The present contempt petition was filed on 26.4.1993. On 27.4.1993, this Court passed the following order directing for issuance of show cause notice to the opposite party No. 7 (Dayanand Srivastava): "Issue notice. Opposite party No. 7 Sri Dayanand Srivastava is directed to appear in person or through counsel to show cause by filing counter-affidavit why action for disobedience of the Order dated 28.5.1992 be not taken against him. List on 7.7.1993." 4. It further appears that pursuant to the said order dated 27.4.1993, notice was issued to the opposite party No. 7. 5. A perusal of the endorsement made by the Senior Superintendent of Police, Kanpur Nagar on the communication No. 177, dated 31.5,1993 sent by the Chief Metropolitan Magistrate, Kanpur Nagar shows that the notice sent to the opposite party No. 7 (Dayanand Srivastava) was returned back, in original, without service. The said endorsement made by the Senior Superintendent of Police, Kanpur Nagar is quoted below : "Moolrup se Dy. S.P. LIU ki report ke sath wapas kiya jata hai ki Shri Dayanand Srivastava Dy. S.P. KNP nahin hain." 6. It is thus, evident that the notice sent to the opposite party No. 7 was returned on the ground that there was no Dayanand Srivastava, who was holding the post of Deputy Superintendent of Police, Pro-Vigyan Branch, Kanpur City. I 7. It is, thus, evident that the petitioner/applicant incorrectly impleaded Shri Dayanand Srivastava as the opposite party No. 7 describing him as the "Dy Superintendent of Police, Police, Pro-Vigyan Branch, Kanpur City". 8. None is present on behalf of the petitioner/applicant today to dispute the correctness of the endorsement made on the said communication of the Chief Metropolitan Magistrate, Kanpur Nagar. It is, thus, evident that the petitioner/applicant incorrectly impleaded Shri Dayanand Srivastava as the opposite party No. 7 describing him as the "Dy Superintendent of Police, Police, Pro-Vigyan Branch, Kanpur City". 8. None is present on behalf of the petitioner/applicant today to dispute the correctness of the endorsement made on the said communication of the Chief Metropolitan Magistrate, Kanpur Nagar. As the notice was directed to be issued to the opposite party No. 7 (Dayanand Srivastava) by the said order dated 27.4.1993 and there was no Dayanand Srivastava who held the post of Dy. Superintendent of Police, Pro-Vigyan Branch, Kanpur City, as mentioned in the contempt petition, the contempt petition has evidently become in fructuous. There is yet another aspect of the matter. 9. Pursuant to the order dated 16.3.2004, the contempt petition is listed today along with the record of the aforesaid Civil Misc. Writ Petition No. 25785 of 1992. A perusal of the record of the said writ-petition shows that the said writ petition was dismissed by the order dated 19.11.1998 passed by a Division Bench of this Court. The said order dated 19.11.1998 is quoted below : "Even though Smt. Sarita Singh, learned standing counsel is present on behalf of the State no one turns up on behalf of the petitioner to press this writ petition. It is, accordingly, dismissed." 10. In view of the aforesaid, I am of the opinion that the contempt petition has become in fructuous, and the same is liable to be dismissed as such. The contempt petition is accordingly dismissed as having become in fructuous.