- (1.) Heard Mr. S.K.Verma, learned Senior Counsel assisted by Mr. B.L.Srivastava, Advocate appearing on behalf of the applicant and Mr. Sudhir Mehrotra, Special Counsel of the High Court.
(2.) The present criminal misc. contempt application has been preferred with the prayer to take cognizance of the criminal contempt of this Hon'ble High Court committed by the contemnors on 20.09.2011 arraigned as Respondents in the instant application & continuously subsisting & persisting in their contumacious acts & conduct since then committing continuous criminal contempt of this Hon'ble Court & of the criminal contempt of the Court of the Ld. CJM NOIDA being a subordinate Court of this Hon'ble court committed on 28.09.2011 by contemnors who are arraigned here in this instant application as Respondents & then continuously subsisting & persisting in their contumacious acts & conduct since then, thus, committing continuous criminal contempt of the Court of the Ld. CJM, NOIDA & for holding trial in the matter to punish them for wilfully & deliberately committing the criminal contempt of this Hon'ble Court & the Court of Ld. CJM, NOIDA by playing fraud upon this Hon'ble High Court & the Court of Ld. CJM NOIDA & obtaining judicial indulgence & material benefits, gains & advantage from this Hon'ble High Court & the Court of Ld. CJM NOIDA through lies, deceit, falsehood, fraud, falsification of official records, processes & procedure & by misleading & concealing the material & relevant information from this Hon'ble High Court & the Ld. CJM NOIDA which was neither admissible to them under the law nor the respondents ever deserved the same & for interfering with & obstructing the process of administration of justice with the malafide aim & purpose to obtain undeserved, illegal & unlawful gains & advantage & obstruct the due operation & process of law.
(3.) Learned counsel for the applicant submitted that the contempt was committed in the present case by the opposite parties no. 1 to 13 on 20.9.2011. The application was moved before the learned Advocate General to seek permission in view of Section 15(1)(b) of the Contempt of Court Act, 1971 on 1.3.2012 and the same remained pending for five years and was decided on 1.3.2017 granting consent to file the contempt petition before the High Court. He further submitted that in view of the judgment of the Apex Court in the case of Pallav Sheth v. Custodian and others, 2001 AIR(SC) 2763, the application is within time, hence, the reporting by the Stamp Reporter that the present contempt petition is beyond time by 4 years and 377 days, is incorrect and against the law. He prayed that the petition be treated to have been filed within time.;