Vinod Sachdev vs Shri Abhishek Tiwari And Others

Vishal Dhagat, J

Petitioner has filed this contempt petition complaining voluntarily disobedience of order dated 06.04.2021 passed in WP No.7765/2021. Said writ petition was disposed of with direction to Town Inspector, police station-Waraseoni, District-Balaghat to consider and decide the complaint of petitioner in accordance with law laid down in order dated 24.12.2020 passed in WP No.18878/2020 [Rajendra Singh Pawar and others Vs. State of Madhya Pradesh].

Learned counsel for the petitioner submitted that law laid down in Rajendra (supra) was not followed by Town Inspector. He considered the complaint and rejected it. There was specific direction in case of Rajendra (supra) that if complaint discloses cognizable offence then FIR is to be registered and if complaint does not disclose cognizable offence then concerned Officer is to proceed under Section 155 of the Code of Criminal Procedure. Town Inspector did not proceed under Section 155 of the Code of Criminal Procedure and has not followed the order passed by this Court in true spirit and law. Learned counsel for the petitioner also relied on judgment reported in (2006) 3 SCC 674 [A.P. SRTC and Others Vs. G. Srinivas

Reddy and Others]. Reliance was placed on paragraph nos. 14 and 15 of said judgment. It is also submitted by him that if direction is given to an authority to consider the case then said authority shall consider the case after application of mind in accordance with law and, thereafter, take final decision. Town Inspector has not consider the law and not followed the procedure, therefore, he has committed contempt and disobeyed order dated 06.04.2021 passed by this Court.

Heard the counsel for the petitioner.

Contempt against an Officer or public authority is made out when he voluntarily disobeys the order passed by the Court. If authority while complying with the order commits some mistakes then it cannot be said that there was voluntarily disobedience or breach of order done by authority willfully. There has to be disobedience on the face of the order itself. In this case, Town Inspector (T.I.) has considered the complaint and after application of mind has taken a decision that no offence is made out.

In view of same, if there is some mistake in compliance of order then it cannot be said that there is voluntary and willful disobedience on the part of the authority and said authority is to be issued contempt notice. Hence, this contempt petition is dismissed.

Petitioner is at liberty to avail the remedy which is available to him under the law.