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Madhya Pradesh High Court · body

2014 DIGILAW 1339 (MP)

Pushpadevi Sharma v. Rajeev Tandan

2014-10-15

ROHIT ARYA, S.K.GANGELE

body2014
JUDGMENT : This contempt petition is filed with complaint of non­compliance of the order passed on 01/08/2013 in W.A.No.106/2013, relevant portion thereof is quoted below: “Hence, the contention of the learned counsel for the appellant to order for CBI inquiry is hereby rejected. However, looking to the facts of the case, this Writ Appeal is disposed of that in addition to the directions issued by the learned Single Judge the matter be also investigated by CID and for the aforesaid purpose, the case be handed over for investigation to the officer not below the rank of Dy. Superintendent of Police and he shall conduct the investigation and find out whereabouts of the corpus. This court hopes that the investigation be conducted as early as possible on urgent basis looking to the nature of the case. Writ Appeal is disposed of accordingly.” 2. Alleging non­compliance of the aforesaid order, earlier Cont. Case No.871/13 was filed. Contemnors on notice had submitted the progress report before this Court. This Court while perusing the report had recorded its satisfaction as regards the progress in process of compliance made by the respondents/contemnors therein. 3. Accordingly, the contempt petition was disposed of on 05/02/2014. The instant contempt petition also arises out of the same order passed in W.A.No.106/2013 (supra), however, at the instance of in­laws of the corpus. In response to the notice, the contemnors have brought on record the progress of inquiry as regards search to find out the corpus and assures this Court that all possible efforts shall be made in time to recover the corpus if she is found to be in illegal confinement. 4. In view of the aforesaid facts and circumstances of the case, we are afraid no contempt can be said to have been committed by the respondents/contemnors. Accordingly, this contempt petition is dismissed. Rule nisi issued against the respondents is discharged. 5. However, before parting with the case, it is considered apposite to direct that the respondents/contemnors shall ensure recovery of corpus and if found to be in illegal confinement, she be set at liberty to go to the place where she wishes. Accordingly, this contempt petition is dismissed with the aforesaid. No order as to cost.