Duila Varalakshmi, v. F.V. Rajasekhar

THE HON'BLE SRI JUSTICE SANJAY KUMAR CONTEMPT CASE NO.2308 OF 2016

O R D E R

This contempt case was instituted alleging willful disobedience to the order dated 03.12.2015 passed by this Court in W.P.No.39261 of 2015. By the said order, this Court took note of the fact that the complaint dated 06.10.2015 made by the petitioner was bereft of reasons and no mention was made therein of any permanent injunction decree granted to the petitioner and closed the writ petition leaving it open to the petitioner to make a fresh complaint setting out all the necessary facts duly supported by required documentation. In the event such a complaint was made, the police authorities were directed to take necessary action thereon in terms of the judgment the Supreme Court in LALITA KUMARI V/s. GOVERNMENT OF UTTAR PRADESH1.

Perusal of the affidavit filed in support of this contempt case reflects that the petitioner did not understand the order passed by this Court and again approached the police authorities to consider her complaint dated 06.10.2015. This contempt case was filed basing on this premise.

As this Court required the petitioner to make a fresh complaint setting out all the necessary facts duly supported by required documentation and only upon making of such complaint, the police authorities were required to take action thereupon, the petitioner cannot expect any action to be taken on her earlier complaint dated 06.10.2015 which was found to be wanting by this Court. 1 (2014) 2 SCC 1

The contempt case is therefore misconceived and is accordingly dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 18th AUGUST, 2017 PGS