Aravind Kumar Gunda (BOE) 03 November 2020

Contempt of the court order

Hello Advisors,

This is regarding to understand "The Contempt of The Hon'ble Court Order".

I filed a cheating case against my ex-girl who cheated me in the name of Love and Promise of Marriage.

I know most opinions are like, a cheating case is not made out for matters like love and promise of marriage, but in my matter I 100% prove my cheating case which I filed in the court of law.

Details are below:

Against my ex-girl, I got registered FIR at a police station U/s 420, 417 IPC.

The police served 41(a) Cr.P.C notice to my ex-girl (Accused), then the accused approached the hon'ble high court for quashing the FIR and prayed for granting stay for proceedings in her quash petition U/s 482 Cr.P.C.

But, the hon'ble high court dismissed the accused's quash petition and other miscellaneous petitions and issued an order on 30th October 2019 directing the police and the accused.

The HC order directed the police to continue the further investigation and not to arrest the accused just for 60 days, at the same time the HC order directed the accused to surrender herself before the concerned lower court within 60 days and move a bail petition which will be granted on the same day itself.

Since, the accused did not want to surrender herself before the lower court and move a bail petition, the accused wanted to escape out of the case anyhow, and the accused knew if she couldn't surrender herself before the court within 60 days the police will have power to arrest her as per the HC order, so the accused collided with the investigating officer and got the investigation closed and the IO filed a report before the hon'ble lower court stating my case is lacking with evidences and prayed to close the case.

I was served with a notice to appear before the court. I appeared before the court and said to the hon'ble magistrate that the final report is totally baseless and completely false, I said to the hon'ble magistrate that I will challenge the final report of the police and will file a protest petition, then the hon'ble magistrate gave me next date which was on 1st April 2020, but unfortunately we have been in lock-down due to Covid-19, finally I filed protest petition.

As per HC order, 60 days were over before lock-down only in the month of January 2020. The police just closed the investigation from their end but the final report has not been accepted by the court yet which means the case has been still continuing.

Now, I am wondering that is, based on the HC order, the accused was supposed to surrender herself before the court within 60 days and move a bail petition but she has not obeyed the HC order yet and the police has not taken the action against the accused yet.

I need an help from you all please, Will it be considered as the contempt of HC order? can I file the contempt of court case before the hon'ble high court?

Please suggest me. Thank you all!

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3 Replies

G.L.N. Prasad (Retired employee.) 03 November 2020

You might have consulted a local advocate for taking up your case, and only the local advocate can study the exact wording in HC order and may advise you. Once the police close the case, you have to file a petition before the competent court objecting to the closure of the case, after receiving such notice from police.

Aravind Kumar Gunda (BOE) 03 November 2020

Below are the exact wordings in the HC order:

THE HONOURABLE ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No. XYZ of 2019, registered against the petitioner/accused for the offences punishable under Section 417 & 420 I.P.C.

2. Though learned counsel for the petitioner/Accused filed the present petition for quashing of proceedings in Crime No.XYZ, he restricts his prayer seeking a direction to the Investigating Agency to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

3. The learned Additional Public Prosecutor would submit that the Notice under Section 41-A Cr.P.C. has already been issued to the petitioner in compliance with the directions of the Apex Court in Arnesh Kumar’s case (supra).

4. In that view of the matter, this Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as set out in Arnesh Kumar’s case (supra), if not already complied. Since it is represented by the learned Additional Public Prosecutor that the Notice under Section 41-A Cr.P.C. has already been issued, the petitioner is directed to strictly adhere to the terms/directions contained therein. However, for a period of sixty (60) days, no coercive steps shall be taken against the petitioner/accused. Further the petitioner is directed to surrender before the Court concerned on or before completion of the period of 60 days and move an application for bail and on such application being received, the same shall be considered on the same day itself. As a sequel, miscellaneous petitions pending, if any, shall stand closed

P. Venu (Advocate) 03 November 2020

The directions of the Hon'ble High Court has not precluded the Police from filing a closure report. The matter could revive if the Court accepts your protest petition and rejects closure report.