Chanchal Singh vs Behari Lal

Tashi Rabstan, J

The short and precise case of the petitioner, as projected in the writ petition, is that the respondent has filed an application for initiating contempt proceedings against the petitioner herein, for not complying the directions passed by learned Additional Munsiff, Judicial Magistrate 1st Class, Samba, on 08.10.2018 in an application filed by the respondent herein under Section 156(3) Cr.P.C. for registration of FIR for the commission of offences under Sections 153-A, 452, 307, 120-B, 147, 148, 149 RPC and 4/25 Arms Act, against Ujjagar Singh and others.

It is the case of the petitioner that he has already filed objections to the contempt petition before the learned Additional Munsiff, Judicial Magistrate 1st Class, Samba, on 12.11.2018, contending therein that the petitioner has not violated any Court orders and the petitioner is a law abiding and responsible police officer. It is also averred in the objections filed by the petitioner that after recording the statements of the applicant and his wife, the respondent herein immediately lodged an FIR No. 266/2018 for the commission of offences under Sections 447/323/336/147 RPC against the accused. A copy of the FIR is also enclosed with the writ petition as Annexure-II.

Learned counsel for the petitioner stated that the FIR No. 266/2018 has already been registered on the basis of the complaint filed by the respondent herein, thus, there is no question arises for non compliance of the order of the trial Court and once the FIR has been lodged, the contempt petition pending before the Additional Munsiff, Judicial Magistrate 1st Class, Samba, is liable to be rejected. Despite the fact that though the petitioner had appeared before the trial Court in the contempt petition and filed the objections, the trial Court has not decided the contempt petition and unnecessarily harassing the petitioner by directing him to appear in Court, which forced the petitioner to file the present petition.

Be that as it may, this petition is disposed of with a direction to learned Additional Munsiff, Judicial Magistrate 1st Class, Samba to consider the objections filed by the petitioner and decide the contempt petition in question on its own merits, preferably within a period of six weeks from the date a certified copy of this order along with complete set of paper book of this petition is made available to the trial Court.

Disposed of as above along with connected CrlM.