JUDGEMENT
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(1.) THE present contempt petition has been filed by the petitioners for the alleged breach of directions of this Court while
deciding the writ petition vide order dated 05.07.2012. The writ
petition was disposed of by a coordinate bench of this Court with the
following directions:
"Thus, on the facts and in the circumstances of the case noticed above, this writ petition is disposed of with the directions to the respondents to look into the grievances raised by the petitioners, fairly investigate the matter and take appropriate action against the accused persons. The respondents shall also ensure that no violence is committed against the petitioners and their family members and they shall be extended adequate protection against the possibility of threat to their life and property."
(2.) MR . Shambhoo Singh, learned counsel for the petitioners submitted that despite these directions, the respondent- police
authorities are not taking any action against the accused persons,
who are belonging to general caste, who are causing day in and day
out violence against the present petitioners, who belong to scheduled
caste.
Upon this argument, the Court directed Mr. I.S. Pareek, learned standing counsel for Department of Home Affairs and Police
Department to telephonically take update of the investigation made by
the police authorities for FIR No.218/2012 lodged with Police Station-
Nimbahera and also to apprise the Court about the status of steps
taken by the police authorities for providing safety and security of the
present petitioners. Mr. I.S. Pareek, submits that he has contacted
the concerned Superintendent of Police, Chittorgarh and the
concerned SHO on telephone and he informed the Court, after lunch
break, that the police has already investigated the matter in relation to
FIR No.218/2012 and has filed Challan against the accused persons
in the competent court vide FR No.340/12 and the matter is now
pending with the competent court for trial. He also submitted that
certain persons were arrested in this connection. He further informed
that in another FIR No.286/2012, Challan No.322/12 has also been
filed. He, therefore, submitted that the police is also doing constant
vigil and no physical harm is being allowed to done to the petitioners,
who are belonging to scheduled caste.
(3.) LEARNED counsel for the respondents also informed the Court that in fact the petitioners have encroached on some land and
on account of some personal dispute, possibly they have lodged
FIR/s and filed the aforesaid writ petition and after obtaining
directions from this Court, they are pursuing the present contempt
petition bereft of the fact situation on the ground. He assured the
Court that the respondents- police authorities are abiding by the
directions of this Court in letter and spirit and no question of
deliberate and wilful disobedience of the directions has arisen.;
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