Thoppani Sanjeev Rao v. Shri Priyank Kanoong Chairperson National Commission For Protection Of Child Rights And ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 13/2025 THOPPANI SANJEEV RAO .....Petitioner Through:

Ms. Thoppani Soniya, Advocate versus SHRI PRIYANK KANOONG CHAIRPERSON NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND ORS .....Respondents Through:

Mr. Abhaid Parikh and Ms. Katyayani Anand, Advocates for Respondent

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 09.01.2025 1.

This petition has been filed under Section 2(b) and Section 12 of Contempt of Courts Act, 1971 for initiation of contempt proceedings against the Respondent for non-compliance of the order dated 03.12.2024 passed in W.P.(Crl.) 3064/2024.

2.

It is stated that vide order dated 03.12.2024, the Court had directed the Respondent to file status report in 14 days; however, the status report has not been filed.

3.

Mr. Abhaid Parikh, Advocate enters appearance on behalf of the Respondent on advance service.

3.1 He states that reply to the writ petition i.e., W.P.(Crl.) 3064/2024 already stands filed and served on the counsel for the Petitioner along with an application seeking condonation of delay in filing the reply. CONT.CAS(C) 13/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:51:26

3.2 He states that with respect to the status report since the same contains personal and confidential information pertaining to the minor child, the status report will be handed over to the Court at the scheduled hearing on 29.01.2025.

4.

This Court is satisfied that the plenary power of contempt cannot be invoked by a litigant on the averments made in the present petition qua delay or non-filing of reply and/or pleadings in the legal proceedings. The Court of original jurisdiction while hearing writ petitions is empowered to deal with any such lapse in non-filing of the reply or pleading as per the procedure governing the original jurisdiction. The power of contempt need not be resorted by the Court for the said purpose.

5.

Moreover, since the reply to the writ petition already stands filed, the grievance, if any, of the Petitioner stands redressed. 6.

The petition is accordingly dismissed along with the pending applications.

MANMEET PRITAM SINGH ARORA, J JANUARY 9, 2025/rhc/sk CONT.CAS(C) 13/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:51:26