SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ram Autar Verma, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General assisted by Sri D.N. Mishra, learned standing counsel for the opposite parties.
(2.) On 3.12.2019, this Court passed the following order:- "Heard Sri Ram Autar Verma, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General assisted by learned standing counsel for the opposite parties. On 22.11.2019, this Court passed the following order:- "This contempt application has been filed about eight years ago stating that the order dated 12.09.2011 in Criminal Case No.533 of 2011 (Brijendra Singh Yadav vs. Sri Brij Lal, Director General of Police) under Section 156(3), Cr.P.C., P.S. Kotwali, District Ghazipur, has not been complied with so far although the Criminal Misc. Writ Petition No.18446 of 2011 (Brij Lal and others vs. State of U.P. and another) filed by the accused was dismissed by the writ court on 21.09.2011 and Special Leave to Appeal (Criminal) No.8960 of 2011 (Brijlal and others vs. Brijendra Singh Yadav and another) challenging the order of the writ court was also dismissed by Hon'ble Supreme Court by order dated 18.10.2013. On 02.12.2011, this court passed the following order in this contempt application:- "Sri K.R. Singh, learned Standing Counsel has informed the Court that against the orders dated 12.9.2011 and 21.09.2011, passed by the Judicial Magistrate, Ghazipur and the learned Single Judge of this Court, the State of U.P. has already preferred Special Leave Petition before the Apex Court and the same has been registered as Special Leave Petition (Criminal) No.8960 of 2011, State of U.P. versus Brijendra Singh Yadav and others. There is likelihood of the Special Leave Petition to come up shortly. He has prayed for two weeks time to obtain appropriate interim orders from the Apex Court. List on 19th December, 2011. " On 21.12.2011, it was informed by learned standing counsel that there is an interim order of the Apex Court and, therefore, the contempt application was directed to be listed after disposal of the Special Leave to Appeal. The aforesaid Special Leave to Appeal (Criminal) No.8960 of 2011 is stated to have been dismissed by Hon'ble Supreme Court by order dated 18.10.2013. Now more than six years have passed since the dismissal of the Special Leave to Appeal (Criminal) No.8960 of 2011 filed by the opposite party Sri Brij Lal and yet the order dated 12.09.2011 in Criminal Case No.533 of 2011 directing the concerned Police Station to register a criminal case and to investigate has not yet been complied with. This prima facie shows that the respondents are deliberately disobeying the aforesaid order of the court dated 12.09.2011 and have rendered themselves liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Despite order dated 30.10.2019, learned standing counsel could not get instructions from the concerned State-authorities. He prays for adjournment. Learned counsel for the applicant seeks permission to implead the presently posted officers. Permission is granted to implead new incumbents relating to respondent Nos.1 to 5. As prayed by learned standing counsel, list on 03.12.2019. On or before the next date of listing, the presently posted officers on the post of Director General of Police, U.P. and Superintendent of Police, Ghazipur shall file their affidavit of compliance. In the event, affidavit of compliance is not filed then the Superintendent of Police, Ghazipur shall remain personally present before this court." An affidavit of compliance of Dr. Arvind Chaturvedi, Superintendent of Police, Ghazipur dated 2.12.2019, has been filed today. In paragraphs 4, 5, 6 and 7 of the affidavit of compliance, it has been stated as under:- "4. That it is most humbly submitted that in compliance of order dated 12.9.2011 passed in the aforesaid Criminal Case No. 533 of 2011 as well as order dated 22.11.2019 passed by this Hon'ble Court in instant contempt application. The First Information Report has been lodged against the five persons namely Sri Brijlal the then Special Director General of Police, Law and Order (Crime), Sri Manoj Kumar the then Superintendent of Police, Ghazipur, Shakeel Ahmad, the then Additional Superintendent of Police (Rural), Ghazipur, Ram Bahadur Singh, the then (Reserve Inspector) Police Line and Yogendra Kumar Shukla the then Station House Officer, Jamania, Ghazipur under Section 166 and 120 B IPC at Police Station Kotwali, District Ghazipur on 27.11.2019. Photostat copy of FIR lodged on 27.11.2019 is being filed herewith and marked as Annexure No. 2 to this affidavit. 5. That in pursuance of which the Station House Officer, Kotwali Ghazipur has informed the Court of Judicial Magistrate, Ghazipur on 29.11.2019 copy of the letter dated is being filed herewith and marked as Anneuxre No. 3 to this affidavit. 6. That there has been some delay in this matter in lodging the aforesaid First Information Report (FIR) against the aforesaid persons which is neither wilful nor deliberate on the part of the deponent and as such it is most humbly submitted that this Hon'ble Court may kindly be condoned the delay in the interest of justice. 7. That, the fact aforesaid goes to show that there is no wilful or deliberate disobedience of the order on the part of deponent. The inconvenience caused to this Hon'ble Court is highly regretted on the part of deponent." Along with an affidavit of compliance dated 30.4.2018, a copy of the Letter No. Ya-152-2012 of the Superintendent of Police, Ghazipur dated 29.10.2014 has been filed as Annexure 3. The said report / letter dated 29.10.2014 was submitted by the Superintendent of Police, Ghazipur to the Inspector General of Police, Varanasi Zone, Varanasi pursuant to the letter dated 16.3.2014 of the Inspector General of Police, Varanasi Zone, Varanasi. In this letter / report, the order of the Judicial Magistrate in Criminal Case No. 533 of 2011 dated 12.9.2011 for registering FIR, order of the Writ-Court dated 21.9.2011 in Criminal Misc. Writ Petition No. 18446 of 2011 (Brij Lal and others Vs. State of U.P. and another) and order of Hon'ble Supreme Court dated 18.10.2013 dismissing SLP No. 8960 of 2011 has been referred / quoted and instructions have been sought in the matter. Thus, prima-facie the Authorities from the top, namely Director General of Police, U.P. to the bottom level i.e. Inspector of concerned Police Station have wilfully and deliberately disobeyed the orders of the Court, and thus, prima-facie rendered themselves liable for punishment under Section 12 of the Contempt of Courts Act, 1971. The FIR has been registered in the concerned Police Station on 27.11.2019, after this Court passed the aforequoted order dated 22.11.2019 requiring the presently posted Officers on the posts of Director General of Police, U.P. and Superintendent of Police, Ghazipur to file their affidavits of compliance. Thus, deliberate and wilful disobedience of the orders of Court for years together by the opposite parties including the present incumbents, is prima-facie evident on record. Learned Additional Advocate General prays for sometime to prepare the case. As prayed, put up this matter on 12.12.2019."
(3.) Since, the order of the Judicial Magistrate dated 12.9.2011 and the order of the Writ-Court dated 21.9.2011 were not fully complied with, therefore, an order dated 7.1.2020 was passed as under:- "Heard Sri Ram Autar Verma, learned counsel for the applicant and Sri Vinod Kant Srivastava, learned Additional Advocate General, assisted by Sri D.N. Misra, learned counsel for the opposite parties. The order dated 12.09.2011, in Criminal Case No.533 of 2011, was passed by the Court of Judicial Magistrate, Ghazipur, observing that prima facie commission of cognizable offence is made out and, therefore, it directed the competent officer of the concerned police station to register a case and to investigate in accordance with law. Against that order the opposite parties filed Criminal Misc. Writ Petition no.18446 of 2011 (Brij Lal and others Vs State of U.P. and another) in which the opposite parties contended that the application of the applicant under Section 156(3) does not disclose a cognizable offence. The said contention was not accepted by the writ court at the stage of challenge to the order of the Judicial Magistrate dated 12.09.2011 and the Writ Petition was dismissed by order dated 21.09.2011. The operative portion of the order of the Writ Court dated 21.09.2011 is reproduced below:- "In these circumstances, the writ petition is premature and is liable to be dismissed on this ground. After registration of the F.I.R., the petitioners shall be entitled to challenge the same by filing a writ petition before the Division Bench praying for quashing of the F.I.R. on the ground that from the allegations made in the application, no cognizable offence is disclosed. With these observations, the writ petition is dismissed." Against the aforesaid order of the writ court, the opposite parties filed S.L.P. No.8960 of 2011 which was dismissed by Hon'ble Supreme Court by order dated 18.10.2013. Now, the opposite parties have brought on record by means of an affidavit of compliance dated 03.12.2019 of Dr. Om Prakash Singh, Director General of Police, Lucknow, U.P. that an F.I.R. has been registered on 27.11.2019, for non cognizable offence. Contention of the applicant is that the order of the courts were for registering a case for cognizable offence and liberty was granted by the Writ Court by order dated 21.09.2011 to challenge the F.I.R. by filing a Writ Petition before the Division Bench praying for quashing of the F.I.R. on the ground that from allegation made in the application no cognizable offence is disclosed. Instead of registering the F.I.R. for cognizable offence as directed by the courts, the opposite parties are wilfully and deliberately disobeying the orders and even after nine years F.I.R for cognizable offence has not been registered. Therefore, the opposite parties are prima facie liable for punishment for contempt under Section 12 of the Contempt of Courts Act, 1971. Learned Additional Advocate General states that the concerned opposite parties shall register F.I.R. for cognizable offence so as to comply with the orders of the court of the Judicial Magistrate and the Writ Court for which three days time may be granted. As prayed by the learned Additional Advocate General, list peremptorily on 13.01.2020 to enable the opposite parties to file affidavit of compliance." ;