← Library
High Court Of ChhattisgarhCONT/1045/2018dismissed

Smt. Devki Kumar v. Neha Champapawat

2018-10-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (C) NO.1045 OF 2018 Smt. Devki Kumar W/o Laxman Kumar Aged About 25 Years R/o Subhash Nagar, Ward No. 22, Police Station Mahasamund District Mahasamund Chhattisgarh.

...Petitioner(s)

Versus

1. Neha Champapawat Superintendent Of Police, Mahasamund District Mahasamund Chhattisgarh.

2. Shiv Shankar Thakur, Station House Officer Police Station, City Kotwali, Mahasamund Chhattisgarh.

3. Santosh Singh, Superintendent Of Police, Mahasamund District Mahasamund Chhattisgarh.

4. Kamla Pusam Station House Officer, Police Station City Kotwali, Mahasamund Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Pawan Kesharwani, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03.10.2018 1.

The present contempt petition has been filed against non compliance of the order passed by this court in Criminal Revision No.643 of 2016 decided on 15.07.2016 and the order passed by this court in Contempt Case No.102 of 2017 decided on 17.02.2017. 2.

The whole dispute revolves around non registration of criminal offence against the offenders by the contemnors. The contempt of courts Act specifically provides for a specific period of limitation within which the same has to be filed if there is deliberate willful non compliance of the courts order. It appears that the present contempt petition has been filed much beyond the period of limitation prescribed under the Contempt of Courts Act. Moreover, perusal of two orders would also show that there was no specific time limit

provided by this court within which the compliance had to be done by the authorities concerned which all the more would make it difficult for this court to exercise the contempt jurisdiction at this juncture.

3.

Accordingly, reserving the right to avail the remedies available to the petitioner for redressal of her grievance, the contempt petition at this juncture for the aforesaid reasons deserves to be and is hereby rejected.

Sd/- (P. Sam Koshy Judge inder