Hello Advisors,
This is regarding to understand "The Contempt of The Hon'ble Court Order".
I filed a cheating case against my ex-girl who cheated me in the name of Love and Promise of Marriage.
I know most opinions are like, a cheating case is not made out for matters like love and promise of marriage, but in my matter I 100% prove my cheating case which I filed in the court of law.
Details are below:
Against my ex-girl, I got registered FIR at a police station U/s 420, 417 IPC.
The police served 41(a) Cr.P.C notice to my ex-girl (Accused), then the accused approached the hon'ble high court for quashing the FIR and prayed for granting stay for proceedings in her quash petition U/s 482 Cr.P.C.
But, the hon'ble high court dismissed the accused's quash petition and other miscellaneous petitions and issued an order on 30th October 2019 directing the police and the accused.
The HC order directed the police to continue the further investigation and not to arrest the accused just for 60 days, at the same time the HC order directed the accused to surrender herself before the concerned lower court within 60 days and move a bail petition which will be granted on the same day itself.
Since, the accused did not want to surrender herself before the lower court and move a bail petition, the accused wanted to escape out of the case anyhow, and the accused knew if she couldn't surrender herself before the court within 60 days the police will have power to arrest her as per the HC order, so the accused collided with the investigating officer and got the investigation closed and the IO filed a report before the hon'ble lower court stating my case is lacking with evidences and prayed to close the case.
I was served with a notice to appear before the court. I appeared before the court and said to the hon'ble magistrate that the final report is totally baseless and completely false, I said to the hon'ble magistrate that I will challenge the final report of the police and will file a protest petition, then the hon'ble magistrate gave me next date which was on 1st April 2020, but unfortunately we have been in lock-down due to Covid-19, finally I filed protest petition.
As per HC order, 60 days were over before lock-down only in the month of January 2020. The police just closed the investigation from their end but the final report has not been accepted by the court yet which means the case has been still continuing.
Now, I am wondering that is, based on the HC order, the accused was supposed to surrender herself before the court within 60 days and move a bail petition but she has not obeyed the HC order yet and the police has not taken the action against the accused yet.
I need an help from you all please, Will it be considered as the contempt of HC order? can I file the contempt of court case before the hon'ble high court?
Please suggest me. Thank you all!
