Bombay High CourtCP/238/2014disposed off

Nasir Khan S/O Majid Khan v. State Of Maharashtra Through Pso A.D. Chavhan Ps Yavatmal City And Another

2016-01-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp238.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 238 OF 2014.

(NASIR KHAN MAJID KHAN...VS..STATE OF MAH. THR. PSO YAVATMAL & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JANUARY 07, 2016.

Heard Shri Mir Nagman Ali, advocate for the petitioner and Ms S.S. Jachak, A.G.P. for the respondent No.1. The grievance of the petitioner is that inspite of the order passed by the learned Magistrate directing the Police Station Officer, Police Station, Yavatmal City to release five cattle claimed by the petitioner, the cattle were not released. It is undisputed that now the cattle have been released and were given in custody of the petitioner. The grievance of the petitioner is further that the respondents have unnecessarily delayed the release of the cattle. After hearing the learned advocate for the petitioner and the learned A.G.P., I find that the dispute is about claim made by the respondent No.2 alleged to have been spent by it.

In view of the facts on record, I find that this is not the fit case for exercising jurisdiction under the provisions of the Contempt of Courts Act, 1971.

2 cp238.14 The contempt proceedings are dropped. The notice of contempt is discharged. The petition stands disposed of accordingly. In the circumstances, the parties to bear their own costs.

It is clarified that the petitioner may undertake appropriate proceedings against the respondents for claiming damages, if so advised.

JUDGE RRaut..