Manoj Misra, J. - (1.) This is an appeal under section 19 of the Contempt of Courts Act, 1971 against the order dated 01.11.2018 passed by learned single judge in Contempt Application (Civil) No.3035 of 2018 by which the learned single judge held the appellant guilty of contempt of court for defying the interim order dated 10.04.2018 passed in Crl. Misc. Writ Petition No. 8980 of 2018. The appellant has also challenged the consequential order of punishment dated 14.11.2018 by which a fine of Rs. 1,000/- and sentence of simple imprisonment of one month has been imposed upon him.
(2.) The facts giving rise to the instant appeal are as follows:
(3.) One Vijendra Singh lodged a first information report (for short FIR) on 26.12.2017 at P.S. Shikohabad, District Firozabad, which was registered as Case Crime No. 1206 of 2017, against Ram Pal; Anand; and Vikram Singh for offences punishable under Sections 363; 366 I.P.C. and section ¾ Pocso Act. In the FIR the aforesaid persons were suspected as to have enticed away informant's minor daughter Anju Kumari, aged about 16 years, as she had been missing since 22.12.2017. Challenging the FIR, Anju Kumari and the accused filed Crl. Misc. Writ Petition No. 8980 of 2018 in this court by claiming that Anju and Ram Pal (the petitioner no.2 in that petition) were adult and of their own free will they had married each other and therefore no offence has been committed. They relied on Voter ID Card to demonstrate that the date of birth of Anju was 01.01.1999. In that petition, on 10.04.2018, an interim order was passed, which is extracted below:- "Exemption application is allowed. Heard learned counsel for the petitioner(s) and learned A.G.A. for the State. Learned counsel for the petitioners submits that victim is petitioner no.1 - and accused is petitioner no. 2 are major and they have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the writ petition; there is a joint affidavit of both the petitioners in support of the present writ petition; as per Voter ID Card the date of birth of victim petitioner no. 1 is 01.01.1999. Learned counsel for the petitioners has further placed reliance upon a judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013. Learned A.G.A has accepted notice on behalf of respondents no. 1 to 3. Issue notice to respondent no. 4. Steps to be taken within ten days. Counter affidavit to be filed within four weeks by the learned A.G.A. as well as respondent no. 4 and rejoinder affidavit to be filed within three weeks thereafter. List thereafter. It is directed that until further orders of this Court, the petitioners shall not be arrested relating to case crime no. 1206/2017 U/s 363/366 IPC and Section 3/4 POSCO ACT, P.S. Shikohabad, District Firozabad. " ;