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S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347)     07 February 2011

Dismissal of Contempt Case after 18 months proceedings

District Court Amritsar had issued a Stay Order on 18-3-2009 which was not honoured by S.I. Randhir Singh (Duty Officer) of the concerned Police Station.  A contempt case filled against S.I. Randhir Singh and 3 others on 23-3-2009 for not honouring the Stay order which was listed before the court on 27-3-2009 as case No.86/09.

Notices were issued to all 4 respondents in April-2009 and proceedings going on.  Asking for latest updates for case through RTI Application dated 20-12-10, it was informed by PIO that contempt case was dismissed by default in Sep.10 and application for restoration filled which is pending for 29-1-11.

The question is : Contempt case be dismissed after proceedings of 18 months without any judgement on the matter ? or it may be dismissed on the ground for non appearence of appellant ?

Should I file another RTI Application to know the 1. the grounds on which Contempt petetion may be dismissed even after its acceptance and proceedings of around 18 months ? and 2. to supply certify copy of the dismissal order, so that grounds applied to dismiss the case may be look.  

Need your help on the matter.



Learning

 3 Replies

anil (LL.B)     07 February 2011

there is no ground to dismiss after proceedings of 18 months without any judgement on the matter and non appearence of appellant

Samir Jha (Advocate)     07 February 2011

Dear Mr. Mishra,

When a case is dismissed in default, it simply means that case has been dissmissed for non-prosecution and it  is not neccessary for the Judge to disclose any reason for the same. Check for the previous ordersheets in which it must have been mentioned since when the Applicant is not been appearing. 

You can certainely apply for the order of dismissal and can file a restoration application giving reasons for not pursuing the case in hand.

The court may feel inclined to restore the caes.

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347)     07 February 2011

Dear Mr. Anil Ji and Samir Ji,

It mean Judges are also not interested to punish the law breaker who have dishonoured court's stay order. When it was expected that Hon'ble Justice will call and teach them a lession for not honouring courts stay order.

Finally, application for restoration has been filled and next date 18-2-11 fixed for call original file from the record room.

Thanks a lot.


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