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Allahabad High Court

RAJIV BHARDWAJ AND 2 OTHERSversusRAJEEV KRISHNA DIRECTOR GENERAL OF POLICE AND 2 OTHERS

Decided

Holding

The court declined to proceed with contempt at this stage, granting the opposite party further time to comply and disposing of the application.

Summary

The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment and order dated 03‑12‑2019 in Writ Petition No. 4487 of 2017. The order had been served on the opposite party on 15‑03‑2021, but the applicant claimed it remained unimplemented. The court found a prima facie case for contempt but, instead of issuing notice, directed that the opposite party be given three months to comply after a certified copy of the order is produced. The applicant was instructed to provide stamped envelopes for service, and the opposite party was required to inform the applicant of compliance within a week. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of at this stage.

Issues considered

  • Whether the opposite party willfully disobeyed the order dated 03‑12‑2019 and is liable for contempt under Section 12 of the Contempt of Courts Act.
  • Whether notice should be issued before proceeding with contempt proceedings.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • High Court of Allahabad
  • procedural directions
  • notice
  • compliance

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2973 of 2026

Rajiv Bhardwaj And 2 Others
                                                          .....Applicant(s)
                                  Versus

Rajeev Krishna Director General Of Police And 2
Others                                                       .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)           :   Jawad Tariq, Raj Kumar Singh
Counsel for Opposite Party(s)      :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 03.12.2019 passed by this
Court in Writ Petition No. 4487 of 2017.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
03.12.2019. Copy of the order of writ Court was served upon opposite
party on 15.03.2021 personally, but according to the applicant, the said
order has not been complied with by the opposite party till date.
4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months' further time to comply with the
order dated 03.12.2019 passed by this Court in Writ Petition No. 4487 of
2017 from the date of production of a certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope
addressed to the opposite party and another self-addressed envelope to the
office within two weeks 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.
                                                                                           CAPL No. 2973 of 2026
                                                                   2

                                    7. The opposite party shall comply with the directions of the writ court
                                    and intimate the applicant the order through the self-addressed envelop
                                    within a week thereafter.
                                    8. In case, the opposite party does not comply with the order, it would be
                                    open to the applicant to approach this court again.
                                    9. With the aforesaid observations, this application is finally disposed of
                                    at this stage.


                                                                                   (Rohit Ranjan Agarwal,J.)
                                    May 5, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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