Mahesh Chandra Tripathi, J. - (1.) Heard learned counsel for the applicant.
(2.) The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for disobedience of the order dated 1.9.2017 passed in Application U/S 482 No.28184 of 2017 filed by the applicant, wherein the Court directed as under:- "This application under Section 482 Cr.P.C. has been filed with the prayer to expedite the trial of Criminal Case No.1717 of 2015 (State vs. Paramjeet Singh), under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C., Police Station Cantt, District Varanasi (arising out of Case Crime No.498 of 2014) pending in the court of Chief Judicial Magistrate, Varanasi. It is submitted by the learned counsel for the applicant that in spite of directions of this Court, the proceeding before the trial court is not being taken expeditiously and adjournments are being granted without any ground. Perused the orders passed by this Court dated 22.2.2016 passed in Application u/s 482 Cr.P.C. No.5319 of 2016, order dated 27.7.2016 passed in Application u/s 482 Cr.P.C. No.22343 of 2016 and order dated 19.12.2016 passed in Application u/s 482 Cr.P.C. No.39078. It is further submitted that charge has not been made so far in spite of discharge application being rejected on 3.5.2017. In view of the orders passed by this Court in the above referred petitions, it is further reiterated that trial court will decide the matter without giving unnecessary adjournments to any of the party expeditiously and preferably within six months from the date a certified copy of the order be produced before it. The petition is disposed of accordingly."
(3.) When the aforesaid order was not complied with, the applicant again approached this Court by preferring Contempt Application (Civil) No.5359 of 2018 filed by the applicant and the Court vide order dated 14.11.2018 had proceeded to consign the contempt application to record with following observations:- "Case called out. No one has put in appearance on behalf of the applicant to press the petition. Pursuant to order dated 8 October 2018, the District Judge, Varanasi has submitted the report after obtaining comment from the trial court. I have perused the report and do not find that there is any wilful or deliberate disobedience of the order dated 1 September 2017 passed in Application u/s 482 No. 28184 of 2017. In view thereof, the contempt petition is consigned to record.";