Contempt of court. order disobeyed.
Kavindra
(Querist) 10 December 2016
This query is : Resolved
I am in the knowledge of case where criminal contempt of the Supreme Court is being committed by govt authorities. In order to inform the HC, do I mandatorily need to file a contempt petition, or can I inform the CJ by simply writing a letter to him, and leave it upon the court to act suo motu in the matter? I am not in a position to file a petition presently.
malipeddi jaggarao
(Expert) 11 December 2016
Please reply to the query of Mr.Sudhir Kumar.
Kumar Doab
(Expert) 11 December 2016
Hope you have irrefutable evidence.
People do write to CJI.
The contact details/addresses are available at the website of apex court.
http://www.activism.com/en_IN/petition/appeal-to-the-chief-justice-of-india-in-public-interest-to-save-the-citizens-of-india/17100
The Registrar,
Supreme Court of India,
Tilak Marg,
New Delhi-110 201 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447
For Query/suggestions please e-mail at :supremecourt@nic.in
http://supremecourtofindia.nic.in/contact_us.htm
Kumar Doab
(Expert) 11 December 2016
Similar query has been discussed many times at LCI...
You can search in 'Search' option on right hand side of this web page...........
e.g;
http://www.lawyersclubindia.com/experts/How-to-file-a-complaint-to-the-chief-justice-of-india--257991.asp
http://www.lawyersclubindia.com/experts/Can-a-pil-be-filed-against-some-injustice-done-by-a-judge--254806.asp
Guest
(Expert) 11 December 2016
Mr. Kavindra,
When the concerned party is not interested to take up the case of criminal contempt of court, how you are concerned with the issue?
Let the concerned party, if aggrieved, take up the case.
Kavindra
(Querist) 11 December 2016
Sir, I am very much concerned. HC has ordered police to expeditiously file report u/s 173 crpc "preferably within 6 weeks", still they are delaying.
Rajendra K Goyal
(Expert) 11 December 2016
Concerned / effected party should proceed.
Please discuss in detail with senior lawyer after showing him full case file.
Guest
(Expert) 11 December 2016
You have not stated, in what way and in what capacity the case relates to you?
Kumar Doab
(Expert) 12 December 2016
You must have gone thru many other links also.
By now you must have satisfied that if you have evidence you can share and approach.
Rajendra K Goyal
(Expert) 12 December 2016
You said:
I am very much concerned. HC has ordered police to expeditiously file report u/s 173 crpc "preferably within 6 weeks", still they are delaying.
Reply:
You have not mentioned how are you concerned, whether you are a police official, whether the accused or the complainant?
If police has not filed the report, concerned court would deal accordingly.
Kavindra
(Querist) 12 December 2016
I am the complainant in the FIR.
Guest
(Expert) 12 December 2016
Mr. Kavindra,
You are just making quiz for the experts.
If shy of making clear what type of FIR concerning with what type of criminal contempt of the SC on which judgment of the SC against whom, you may better consult some local lawyer.
Kavindra
(Querist) 12 December 2016
I'm the complainant in an FIR u/s 419/420/447/467/468/506 IPC. The accused had approached HC filing crl miscl writ petition for its quashing. HC rejected their petition with additional direction for police to file report u/s 173 expeditiously preferably within six weeks of this order. More than six weeks have passed yet the case is pending. Justice delayed is justice denied.
Guest
(Expert) 13 December 2016
In your original query you stated, "criminal contempt of the Supreme Court is being committed by govt authorities," while now stated about the HC having "rejected their petition with additional direction for police to file report u/s 173 expeditiously preferably within six weeks of this order."
However, the order was not in definite terms, as that stated, "preferably" which means no fixed time but the report would be preferred if submitted within six weeks.
In that case, your case of contempt of court is likely to fall flat. You could better have got some clear and definite order from the HC for the police to submit report within some fixed date or period.
Rajendra K Goyal
(Expert) 13 December 2016
Well advised, rightly guided by the expert P. S. DHINGRA.
Kavindra
(Querist) 13 December 2016
I am sorry I mingled up two cases.
This was a query related to High Court.
Contempt of SC is being committed in the case where police have not registered an FIR upon info of cognisable offence vide an application from me. It has been over a year since they received the information. Now is it not contemptuous to the SC guidelines issued in Lalita Kumar VS Govt of UP where SC explicitly stated that police must immediately reg case upon receiving info on cognisable offence. This case also relates to sec 420/447/506 etc. IPC
Kavindra
(Querist) 13 December 2016
Thanks for your kind interest in resolving my case.
Guest
(Expert) 13 December 2016
Cannot be said with certainty unless you provide proper description of the case and how you happened to mingle two cases.
When you are not definite about what is what of two separate cases (mingled by you), how do you expect the experts to act as astrologers in your case to predict anything without description of any background of the case for which you want solution?
Kumar Doab
(Expert) 13 December 2016
Is it the matter that you have posted in threads e.g;
http://www.lawyersclubindia.com/experts/Investigation-procedure-in-fir-572316.asp
http://www.lawyersclubindia.com/experts/documentary-evidence-in-IPC-420-587136.asp
Rajendra K Goyal
(Expert) 13 December 2016
Author need to clarify the situation pointed out by the expert Kumar Doab.
Sudhir Kumar, Advocate
(Expert) 11 December 2016
